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, setting their case up to settle on the day of mediation.

Issues that Case Ambassadors Can Resolve

Our case ambassadors have helped counsel and their clients work through numerous issues that can prevent or delay 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 and emotional hurdles
• Debates about offers and 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 help parties navigate contested issues, work with them to design a custom mediation process or address settlement barriers – and all with the goal of pointing the parties downstream toward the actual mediation.”

When to Enlist a Case Ambassador

In order for parties to gain the most from the Case Ambassador Program, timing is crucial. Counsel should contact ADR Systems early in the life of their case, giving case ambassadors ample time to review submissions, understand 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 actual session because we come to the mediation with a settlement path already paved. The knowledge gained while engaging with the parties as a case ambassador before the mediation helps me build a game plan for settling the case on the mediation date.”

Cases Most Suited for the Case Ambassador Program

Multiparty construction, mass-tort, insurance coverage, subrogation, trusts, estates and many other types of cases have benefited from using a case ambassador to help parties resolve behind-the-scenes issues before the actual day of mediation. These disputes often involve multiple plaintiffs or defendants, significant valuation claims, heightened emotions, contesting theories of liability and many stakeholders and decision-makers involved in the ultimate decision to settle. Without going through the case ambassador process, the mediation of these complex disputes can become bogged down by the very problems that could have been mitigated beforehand.

“The case ambassador is there to help parties through the intermediate step toward settlement,” 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 all-nighters to get settled. But by enlisting a case ambassador early on, parties can cut those hours down and will be in the best position to negotiate a settlement on the day of mediation.”

Learn more about the Case Ambassador Program and its success stories.

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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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