Mediation Case Study: Unconscious Trucker

This dispute was resolved on 6/30/17 using 1 Hour Mediation. The parties reached 79 degrees in Settlement Testing, and settled over the phone shortly thereafter.

Case Summary: 

Plaintiff driver was injured when her automobile was struck by Defendant truck. Defendant admitted liability, but disagreed with valuation of general damages.

Plaintiff’s perspective: The trucking company hired a driver who had serious medical issues. When he lost awareness at the wheel and caused this crash, they became responsible. He never should have been hired, and now the Plaintiff’s life is ruined. She will need $1.5 million to pay her medical bills and be adequately compensated for her pain.

Defendant’s perspective: Our driver caused this accident, but he passed a medical exam a few weeks beforehand, so we had no way of knowing that he was diabetic. Plaintiff has not needed surgery and only incurred $58,000 in medical bills, so we believe that $400,000 would fairly compensate her.

Why 1 Hour Mediation Worked:

The direct “chat” communication built into Settlement Testing allowed the parties to clear up a misunderstanding on the driver’s medical examination, allowing the parties to boil this dispute down to a single issue: general damages valuation. Additionally, both sides were about to be forced to spend a bunch of money on expert witnesses. The speed and simplicity of Settlement Testing allowed both sides to add value to the settlement rather than spending it on unnecessary trial prep costs, while the double blind system allowed them to try their very best number without compromising negotiating position.

 

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