Exam 10: Settlement and Other Alternative Dispute

Draft an outline of the contents of a settlement brochure for the Forrester case indicating what should appear and in what order. Compare your list of components and discuss the advantages of each in small groups with class members. Make a list of the typical components of a settlement brochure and place it in your systems folder.

Draft an outline of the contents of a settlement brochure for the Ameche case, Case II from Chapter 1, indicating what should appear and in what order. Prepare a settlement agreement with a release for your supervising attorney's review.

Go to bjs.gov. What are the Bureau of Justice statistics regarding punitive damage awards in state courts? What are some of the Bureau's latest findings on the civil bench and jury trial awards of plaintiffs in state court cases?

Define mandatory arbitration clause and state the concerns stemming from the expanded use of such clauses.

Paralegals may serve as mediators.

What is a settlement?

The defense

How can a video camera help in preparing for settlement?

Rules for mediation arise from

The settlement request usually comes from the plaintiff.

Because they communicate most closely with clients, paralegals are best equipped to accept offers of settlement.

Assume that the Congdens, the campground owners in Case II, are told by you that their attorney, your supervisor, advises them to agree to settle their case by paying Mr. Ameche $60,000. The Congdens say no and want to go to trial. Your attorney believes that the jury will hold the Congdens liable for $150,000. a. Considering that lawyers are supposed to exercise their independent judgment, may the attorney ethically accept the offer, since it is such a good one? b.Are there any other ethical concerns raised in this scenario?

Preparing for settlement on behalf of an insurance company

Voluntary arbitration

An offer of judgment shifts trial costs to an unreasonable party.

LOELs are punitive damages.

What factors either favoring or discouraging settlement do you see present in the Forrester case? Discuss.

What is your role in the settlement process?

Why is it important to have the client sign an authorization for the attorney to settle?

Research to determine if your state requires consideration to validate a release and to see if a covenant not to sue is required.