Kentucky


I am an attorney in Florence, Kentucky who handles a variety of personal injury litigation.  I had the pleasure of working with Richard Strauss, Esq. for the first time in a nursing home negligence case which I had pending in Kenton County, Kentucky.

Prior to filing suit I had submitted a settlement demand to the defense attorney and insurance carrier for the nursing home, both of whom indicated that they were interested in attempting to resolve the case without the need for litigation.

Shortly thereafter, I was contacted by Defense Counsel indicating that her client and client's insurance carrier were interested in trying to resolve the matter and asked if I was willing to mediate.  Defense Counsel then asked if I would be willing to use Attorney Richard Strauss from Duluth, Georgia as the mediator.  At this point in time, I had never used Mr. Strauss and had only heard of him from an Attorney in Louisville, Kentucky.  The Defense Attorney indicated that she had never used Mr. Strauss but rather her carrier recommended him.  Being somewhat skeptical of an out of town mediator I had never used, I conducted some research on Mr. Strauss.  Specifically, I went to his web site and found a wealth of information verifying his knowledge and expertise in these types of claims.  Even more helpful to me were testimonials from Plaintiff Attorneys from Kentucky, all of whom I know of and some of them I am very good friends with.

I then contacted two of the attorneys who had provided a testimonial on the Kentucky list.  Both highly recommended Mr. Strauss to mediate my case, and both indicated Mr. Strauss had been recommended by the defense carrier for their respective case.  Based on these recommendations I was comfortable with Mr. Strauss and immediately contacted Defense Counsel agreeing to us him as our Mediator.

Within two months of contacting Mr. Strauss, our mediation took place at my office in Florence, Kentucky.  Obviously, Mr. Strauss drove to my office from Georgia to appear in person.  It was readily apparent that Mr. Strauss was extremely prepared and reviewed the relevant materials each party had submitted to him in advance of the mediation.  I also had an opportunity to have some private conversation with Mr. Strauss regarding issues surrounding the case and possible future issues that may arise.

I felt that his approach to the opening session was excellent in that he spent the majority of the time explaining the mediation process, his purpose, his review and his goal at mediation, rather than each side giving opening statements which in my experience only polarizes the parties, making it more difficult for the mediator to accomplish his/her job.  Throughout the several hours of mediation, Mr. Strauss was not just a "number deliverer", but rather got involved in some of the key issues in the case and provided an offered analysis with each move in negotiations.

His level of knowledge and attention to the client's questions and/or needs helped move the negotiations along in a productive manner which ultimately resulted in a satisfactory settlement for all parties involved.  Actually, Mr. Strauss raised a few issues that I was aware of but did not appreciate as much as he did, which affected the overall evaluation of the case.

I not only strongly recommend the use of Richard Strauss to mediate your case, I intend to use him on several other cases in the office.  Of all the mediations I have attended in my career, I have never come across a more prepared mediator.

I hope you find this helpful in your decision to retain Richard Strauss as mediator in your case.  Should you have any questions or wish to discuss further I can be reached at (859) 371-3600 or by email jayvaughn@bfzlaw.com

Jay R. Vaughn
Florence

 

I write this letter to encourage the selection of Richard Strauss as a mediator in any nursing home/negligence cases my fellow plaintiff practitioners may have.  My name is Chris Meinhart, and I have practiced Plaintiff personal injury law for 23 years in Louisville, Kentucky and have had the distinct pleasure of teaching Trial Practice at the Brandeis School of Law at the University of Louisville for the past five years.  I have tried over 100 cases of all different types.  This letter is certainly not intended to be about me, but rather about Mr. Strauss, any by way of background, I thought it best the reader know who this letter of recommendation was coming from.

In the last few years I have concentrated my practice in nursing home negligence.  I have mediated many cases, some to successful settlement, some not.  This past month I had the pleasure of mediating a case with Richard Strauss in Louisville, Kentucky.  Richard came up from Georgia and conducted the mediation to what I believe was a very successful, albeit confidential, settlement.

I have not met any lawyer, mediator, adjuster or other person in the field of nursing home negligence that has brought as much experience and knowledge to the table as does Richard. It was invaluable and proved instrumental in bringing the case to conclusion.  I had an intelligent, yet high strung, daughter of a gentlemen who had been overdosed at a nursing home which led to his death.  My team prepared a fairly significant factual and legal background and sent the same to Richard well in advance of mediation (per his request).  I truly felt Richard may have known the case better than I by the time we set down at the mediation table.

I have long been a believer that opening comments can sometimes be polarizing.  However, if the other side wants to give an opening, I feel compelled to do the same.  I find myself dancing this delicate dance trying to impress upon the adjuster/defendants the strength of the case while not offending the other side of the room to the extent that we spend the next couple of hours repairing the damage my opening statements may have done.  Richard's theory on waiving openings and letting him comment on what is necessary to bring the case to a successful resolution proved instrumental in bringing my recent case to a successful settlement.

Too often mediators I have used in the past seem to listen to openings, engage in some substantive issue exchange in the first couple of rounds, but then go onto nothing more than trading numbers.  Richard was continually thinking outside the box and came up with creative suggestions to try and bring the parties to a middle ground for closure.

My personal pet peeve with mediations is that it seems to be unfair to my client.  Almost everyone else has always been through many mediations in their profesional career.  However, the plaintff has not and there seems to be an unfair level of anticipation, nervousness, etc.  Richard spent a good deal of time with my client but was very productive in doing so in calming her and alleviating her fears that he was going to work for us as hard or harder as he was for the defense.  He established a comfort level with her that I have not seen in many other mediators.

The proof is in the pudding.  Since that mediation, I have already scheduled another case with Richard and am suggsting his services for a third upcoming mediation.

Should anyone have any questions or concerns with regard to my comments and thoughts on Richard's services, please feel free to call me.

Chris Meinhart
Louisville

 

As a Plaintiff's attorney I am always looking for a competent Mediator that will not be objectionable to the defense.  Although Richard has more of a defense background, he is an excellent neutral.   His qualifications and medical background as well as his "tableside manner" enhance his effectiveness.  Perhaps more impressive is the extent which he prepares.  What a refreshing (and unique) benefit.

I was also pleased that my concerns about jurisdiction were squelched.  My practice is in Kenucky...and, even though Richard is a Georgia Boy, he did a wonderful job for my client.

I am pleased to take this opportunity to recommend Richard Strauss as a Mediator.  You are welcome to contact me with questions.

Brett H. Oppenheimer
Louisville

 

Recently, I used Richard Strauss as a mediator in a nursing home negligence case.  Initially, I was extremely reluctant to consider using him, or even mediating the case at all.  The case was fairly new, and not a significant amount of discovery had taken place.  The defense was extremely optimistic about the likelihood of success at mediation, and I felt obliged to at least explore whether the case could actually be resolved.  When they suggested Richard Strauss, I was a little surprised since he was in Atlanta and our case was venued in Paducah, Kentucky.  Regardless, after speaking with other lawyers about Richard's success, I felt comfortable enough to at least try.

I was immediately impressed with Richard's style when he and I had a private caucus prior to the mediation.  It was clear he had read the majority of the voluminous medical records and summaries I had prepared and forwarded to him.  He had a thorough understanding of not only the facts of the case, but also of the specific nursing home regulations involved in the care and treatment of my client.

Richard's demeanor with my clients was extremely impressive and they were treated as integral parts of the mediation process and not simply as silent observers.

Far too often, I am disappointed in mediators because they simply tend to carry numbers back and forth instead of trying to help both parties understand the relative strengths and weaknesses of their case.  I believe Richard did that for both sides.

At the end of the day, Richard was successfully able to resolve a claim  which I thought had very little chance of resolving.  He did so in such a way that my clients were convinced they had been treated fairly in the process and that their loved one's memory had been honored.

I strongly recommend Richard as a mediator and I can say he is one of the best mediators with whom I have ever had the pleasure to work.  I plan to work with him frequently again in the future.

Hans G. Poppe
Louisville

 

On August 18, 2008, I had the pleasure of utilizing Richard M. Strauss, Esq., as a mediator in a complex nursing home negligence case.  Generally speaking, my experience with most mediators in these types of claims has been lukewarm at best. I am pleased to say that Richard was absolutely spectacular.

Richard's vast background and experience in nursing home cases was more than helpful for all parties involved.  However, Richard did not simply fall back upon his experience and expertise.   He had so thoroughly reviewed and prepared for the mediation that it was abundantly clear that he was going to be in asset in both rooms toward resolution.  Richard's approach to mediation dispenses with part of the process that typically results only in acrimony and creating a hostile environment thereby jeopardizing any real chance of settlement.   His thorough discussion and analysis of the issues helped my client immensely.  My client felt at ease at the outset and throughout the process as a result of Richard's demeanor and obvious knowledge.

I can and do recommend Richard very highly to mediate any claim, but especially those involving complex issues in the medical and nursing field.  I look forward to the opportunity to utilize his services again in my own practice and would welcome any private inquiries about Richard's ability to serve as a mediator.

Jeffrey T. Sampson
Louisville

 

Defense counsel recommended we use Richard Strauss to mediate our nursing home neglect case.  I was skeptical at first, but agreed to utilize Richard's services based on opposing counsel's glowing recommendation and Richard's inimitable qualifications.

I was pleasantly surprised when Richard arrived at the mediation with a legal pad full of notes, complete command of the facts of the case, and an obvious grasp of the legal issues.  Despite his defense oriented background, I found Richard to be fair, impartial, and most importantly, supremely focused on resolving the dispute.

I have already enlisted Richard to mediate my next nursing home case, and have recommended him to a number of colleagues.

Mat A. Slechter
Louisville

 

I recently mediated a case using Mr. Richard Strauss as the mediator.  When the counsel for the defendant recommended him, I was a bit concerned.  After a thorough review of his "information package," we decided to give him a try.  This was a high dollar case with three plaintiffs against a defendant/trucking company.  There was limited insurance coverage and several liability and defense theories.

When I got to the mediation site early, Mr. Strauss was already there. I was pleasantly surprised that his preparation, knowledge of the facts and issues and subject matter expertise were superb.  It was clear that he had studied every deposition and all of the medical reports from the three plaintiffs.  He knew all of the theories of liability and anticipated the defenses to them.  This allowed him to conduct a professional mediation without having to be overly briefed by the parties.  This kept opening statements simple and straightforward and allowed us to get to the negotiations expeditiously.

The mediation was a great success for all of the parties.  I would highly recommend Mr. Strauss to plaintiffs and defendants alike.

Robert B. Bowling
Middlesboro

 

I have been strictly a Plaintiff lawyer for 48 years. My practice involves all types of personal injury and wrongful death cases, including motor vehicle, premises liability, medical malpractice and nursing home or long term care.

Richard M. Strauss, Esq. recently served as a mediator in a difficult 3-party long term care case, which involved both a nursing home and a hospital as defendants. Mr. Strauss showed an exceptional knowledge and expertise in the subject matter of the mediation. His level of preparation and understanding of the key issues in the case went far beyond my expectations. I was particularly impressed by the opening comments of Mr. Strauss that were specifically directed towards creating the conciliatory environment necessary for compromise and resolution. His approach towards a thorough discussion and analysis of the issues in the case was outstanding. He exhibited willingness to offer options and suggestions throughout the entire settlement negotiation phase of the mediation process. Mr. Strauss created a comfort level which was conducive to settlement of the case. Although my practice is exclusively in Kentucky, I believe that Richard Strauss has the ability to effectively mediate regardless of jurisdiction or venue.

In short, I wholeheartedly recommend Richard M. Strauss, Esq. as a mediator.

Charles S. Wible
Owensboro

 

Richard turned out to be one of the most prepared mediators I have ever encountered.  He knew the facts of the case and the law cold.  He was able to summarize and relay weaknesses of the case to my client in a manner which was simultaneously straight forward and compassionate.  His recitation of the facts (both favorable and non-favorable) was so thorough and on point that I found myself scribbling notes on matters to address in voir dire and opening.

Richard was able to lay a great foundation with his knowledge of the case and deameanor which ultimately lead to a signed settlement agreement by day's end.

Gary E. Schaaf
Paducah