The dynamic present in personal injury mediations is fairly straightforward. The defendant’s insurer (or the defendant, if self-insured) will estimate the risk of a jury verdict for the plaintiff on liability, and discount the likely damages by that risk to determine a reasonable settlement range. On the other side of..
My colleague Josh recently blogged about strategies for handling confirmation bias in mediations. He mentioned I had used a high low agreement to successfully address confirmation bias in an insurance-related mediation. I’ll discuss that case in this post. A start-up title insurance agency (funded by a prominent private equity firm),..
The use of high-low agreements is a familiar mediation technique. In a nutshell, a high-low agreement represents a “partial” settlement of a dispute under which the parties to a mediation agree to a minimum recovery for the plaintiff, and a maximum payout by the defendant, and then proceed towards final..