Attorneys and their clients can benefit from a novel, creative approach to mediating disputes with layers of issues. With ADR Systems’ Case Ambassador Program, parties work with an experienced mediator — who acts as a case ambassador — before the mediation to resolve behind-the-scenes issues that could impact the success of the mediation and set their case up to settle on the day of mediation.

Our case ambassadors have helped counsel work through countless issues that could have prevented or delayed success at mediation, including:

• Divergent perspectives on value, distribution of liability, etc.
• Situations involving multiple carriers or insurers
• Disagreements about coverage
• Negotiation stalemates because of delay tactics
• Debates about offers/demands before the mediation
• Presumptions among parties that they are too far apart to settle
• Any other issues or obstacles that may prevent parties from moving forward with mediation

“This program offers much more than a typical pre-mediation conference,” said Hon. John A. Ward, (Ret.), senior mediator and arbitrator at ADR Systems. “As a case ambassador, I can provide a neutral evaluation to help parties navigate issues, work with them to design a custom mediation process or mediate disagreements among only defense parties – and all with the goal of pointing the parties downstream toward the actual mediation.”

Timing, however, is crucial for parties to gain the most from this process. Counsel should contact ADR Systems early, giving case ambassadors ample time to review the issues and work with those involved.

“Getting to a resolution starts early with pre-mediation contact: Conversations with each of the parties that help me understand their theories of the case and work them away from finger-pointing,” said Hon. Kay M. Hanlon, (Ret.), senior mediator and arbitrator at ADR Systems. “This pre-mediation work allows us to move forward quickly on the day of their session because we come to the mediation with a settlement path already in place. The knowledge gained during this process helps me build a game plan ultimately settling the case on the mediation date.”

Multiparty construction, mass-tort, insurance coverage, subrogation, trusts & estates and many other types of cases have benefited from using a mediator to help resolve some of the issues before the actual day of mediation. Without going through the case ambassador process, the mediation of complex disputes can become bogged down by the very problems that could have been mitigated beforehand.

“The larger goal is an eventual settlement, but this intermediate step is essential to getting there,” said Hon. Michael J. Hogan, (Ret.), senior mediator and arbitrator at ADR Systems. “Through a normal mediation process, these cases might require multiple sessions or near all-nighters to get settled. But by enlisting a case ambassador early on, parties can cut those hours down and be in the best position to negotiate a settlement.”

To learn more about the Case Ambassador Program and success stories from it, click here.

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Hon. John A. Ward, (Ret.) has cultivated extensive experience in the resolution of personal injury cases arising from vehicular accidents, construction negligence, premises liability, medical negligence, nursing home, workers’ compensation and product liability. His ability to quickly understand the issue at hand and gain the respect and trust of all parties is well known throughout the legal community.

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Hon. Kay M. Hanlon, (Ret.) has expertise in resolving personal injury actions such as medical malpractice, mass torts and product liability, as well as commercial actions such as legal malpractice, eminent domain and subrogation. As a jurist and neutral, Judge Hanlon is always prepared and ready to listen attentively. Her open and friendly demeanor is known throughout the legal community. Her personality is tailor-made for her work as a mediator and arbitrator.

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Hon. Michael J. Hogan, (Ret.) is a senior mediator and arbitrator at ADR Systems. During his 19-year judicial career, he presided over an unprecedented number of pretrials in the Law Division and maintained a high settlement rate. As a neutral, he continues to put forth extraordinary effort to settle cases in mediation and is diligent and efficient in arbitration.

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