I am engaged in the defense of medical liability claims, including the defense of nursing home negligence cases. I had the opportunity to utilize Mr. Strauss' services in conjunction with a nursing home case that my client wanted to settle, but not for a mint. I am happy to say that through Mr. Strauss' mediation expertise, skills and his sensitivity to and appreciation of the relevant factual, legal and emotional issues at play that my client's goals were realized.
Mr. Strauss' subject matter expertise with respect to nursing homes and nursing issues was impressive; he was quickly conversant in the facts of my case and was very forthright and matter-of-fact with respect to its relative strengths and weaknesses. It is my understanding that before becoming a mediator, Mr. Strauss was heavily involved in nursing home claims management. I would say that Mr. Strauss' experience in the nursing home industry definitely informs his work as a mediator facilitating the settlement of nursing home cases.
I was also impressed with Mr. Strauss' ability to establish rapport with my opponent and his client. Nursing home cases are, quite often, highly emotionally charged. Although, in my estimation, my opponent's client was icy and unreceptive to begin with, I feel that Mr. Strauss made great in-roads with her to the extent that (1) he got her to open up and (2) to become realistic about the settlement value of her claim. As a consequence, the case was satisfactorily resolved.
I would not hesitate to utilize Mr. Strauss' services again in any other case and I have no qualms about recommending him to other attorneys.
John D. Bogtako
My first awareness of Richard M. Strauss, Esquire as a mediator was a suggestion by one of Plaintiff's counsel in Oklahoma that primarily does nursing home work. I was initially suspicious of any such suggestion, especially with an individual who was not in the State of Oklahoma. However, Mr. Strauss transmitted to me his background information and with the consent of my client as well as the carrier, we engaged in mediation. Since that time I have utilized Mr. Strauss on two occasions for mediation, and have scheduled other cases with him as well.
My experience with him has been such that I would highly recommend Mr. Strauss as a mediator in nursing home, medical malpractice and personal injury cases.
Having his background in the nursing home industry as a former Director of Claims for a national nursing home provider, as well as working as a Claims Manager for an insurance carrier that was involved in writing and handling a high number of nursing home claims, he does come with a lot of experience in nursing home litigation.
I have found that his evaluations are informed and in alignment with realistic figures.
Further, I think another element Mr. Strauss adds to the mediation process is that if on the day of mediation there is not a complete meeting of the minds, he is willing to continue the process long distance with the participants, either individually or collectively, in an attempt to "keep the ball rolling" and resolve the case. This is included in his initial rate and is an additional benefit. His flat fee rate includes travel, and is cost competitive with the local rates for mediators. I also found that the flat fee rate was extremely reasonable, in that he reviews the materials submitted pre-mediation and always comes to the mediation with a fairly strong understanding of the case. This allows the parties to spend less time educating him and more time discussing settlement negotiations and strategies designed for case resolution.
We all have different types of approaches to mediation and like the style of different mediators. I would recommend that if you have a nursing home, medical malpractice or personal injury action where you need a mediator with a unique experience in having negotiated hundreds of these cases to resolution throughout the country over the course of many years, that you utilize Richard Strauss.
Please feel free to give me a call if you have any questions.
W. Michael Hill