Exam 10: Settlement and Other Alternative Dispute

Describe the usual setting and participants for a pretrial conference. List four of the summaries the paralegal should prepare for the attorney for the pretrial conference.

What is the definition and purpose of a pretrial conference? What Federal Rule applies? What state rule applies?

A release in the context of settlement is

What are the primary reasons for the use of alternative dispute resolution?

The standard of proof in arbitration varies.

How do hedonic damages differ from pain and suffering?

An adjudication on the merits leaves issues that can be brought up at trial.

What are the ethical concerns of a paralegal discussing settlement with a client?

The primary role of the paralegal in the settlement process is to

What is an authorization to negotiate (compromise), and why is its execution by the client important?

A bid for sympathy has no place in a formal document such as the settlement request.

If a plaintiff has not seen a doctor, used home remedies, or missed work, that plaintiff's injury claim is suspect.

Pain and suffering is an example of exemplary damages.

Mediation focuses on future rather than past conduct.

Calculate the damage amounts in the following fact situation (show calculations on workbook page): Darlene Rakowski's damages based on $500 of embarrassment per day for 100 days; $250 of anxiety per day over losing job for 20 days; lost wages for days caused to miss work at $85 per day for 20 days; psychiatric counseling at $100 per session, 1 session per week, for 8 weeks; and future psychiatric sessions, 10 per year for the next 5 years, with reduction to present cash value of 5 percent. Assume medical costs will go up 8 percent per year.

Early case assessment involves arbitration.