This article was written with the assistance of AI and edited by Angela Sabarese.
In a recent CLM webinar discussion, titled, “Nuclear (Re)Mediation: Using Nuclear Verdicts Defense Methods at Mediation, Not Just Trial,” Jennifer Aker, managing partner, Tyson & Mendes’ Houston, Dallas, and West Texas offices, along with veteran mediator Doug Glass, Signature Resolution, shared strategies for approaching mediation as a critical destination rather than merely a procedural step in litigation.
The conversation focused on applying Tyson & Mendes’ "Nuclear Verdict defense methods" to mediation settings. With approximately 95% of cases settling before trial, both experts emphasized that preparation for mediation deserves as much attention as trial prep.
"Mediation is actually a destination. It is the most important thing we can do for most plaintiffs, and I think that it's always the most important thing we can do for our clients—for our insurance companies and our direct clients," stated Aker.
Key Mediation Strategies
The speakers outlined several key strategies, including "accepting responsibility without accepting liability," properly grounding settlement offers, and understanding plaintiffs' motivations beyond monetary considerations. They discussed the importance of having all stakeholders present during mediation, whether in person or via video conference, to facilitate direct communication.
Glass, who has conducted over 4,500 mediations in his 25-year career, emphasized building credibility with the mediator: "I settle cases with plaintiffs, not plaintiff attorneys... I build the case. I start closing the case. I start working on how I'm going to settle the case from the moment you walk in."
Both experts cautioned against treating mediation casually, with Aker recommending attorneys "suit up and show up" to demonstrate the seriousness of the process to plaintiffs who may never get their "day in court" otherwise.
They also addressed the rising trend of virtual mediations, recommending that the format (in-person, virtual, or hybrid) should be a strategic choice rather than a default option.
The discussion concluded with agreement that successful mediation requires thorough preparation, understanding of damages, strategic negotiation approaches, and treating the process with the significance it deserves in modern litigation.