I recently participated in a mediation handled by Richard Strauss. Richard was recommended by Co-Defendant's counsel. The case involved an alleged product defect in a medical device and also involved complex medical causation issues.
This was my first experience with Richard. I found him to be very well prepared and knowledgeable of the subject matter. His approach to mediation was thorough and respectful, but evaluative. The case settled at mediation.
Based upon my experience, I would recommend Richard in cases of this nature in the future.
On December 8, 2004, Richard Strauss assisted me in mediating a complicated and contentious nursing home medical malpractice and wrongful death case in Birmingham, Alabama. The resident had multiple unsupervised falls over a brief residency culminating in her death. At the time we went to mediation, the case was on appeal before the Alabama Supreme Court regarding the enforceability of the arbitration clause in the admissions agreement. No depositions had been taken but both sides had experts armed to discuss the standard of care and causation.
Richard did a good job of diffusing the anger in the room during his opening statements. He not only explained the procedural intricacies of mediation but helped the estate representative understand that this was an opportunity to close a very painful chapter in her life. It was telling that the initial conference with the claimant lasted almost an hour as the estate representative was able to vent her frustrations, concerns, and grief about the incident. Once this emotion was discharged, the case was much closer to a resolution. Beyond fostering a conciliatory atmosphere at the mediation, Richard was able to draw on his background in nursing home risk management and nursing home claims adjusting to analyze the substantive issues presented. Very frequently, plaintiffs do not understand the true mechanics of a nursing home and have expectations that the case provided with rival that of a hospital. Richard was able to answer their questions about nursing homes in general and address the meaningful medical issues presented in our case. The parties provided medical summaries and position statements prior to the mediation and he evidenced a comprehensive knowledge of the file during negotiations. This allowed us not only to settle the case but to settle the case without wasting an undue amount of time.
Medical malpractice claims, especially nursing home claims, are difficult files to resolve. The difficulty factor is increased when the claim also involves wrongful death. Richard's background with nursing homes was critical, in my opinion, to getting this matter resolved. He was able to offer different options to the parties throughout all stages of negotiations and ultimately we resolved a case that I anticipated I would be living with for a few more years.
Mr. Strauss mediated a matter for me in Birmingham, Alabama.… It is a tribute to Richard's hard work and effectiveness that this matter was resolved later in the week. The lawsuit which Mr. Strauss mediated was a nursing home malpractice case. The Judge ordered the case to mediation prior to the onset of significant discovery. Mr. Strauss' expert knowledge in the administration of acute and long-term care facilities and the handling of claims of malpractice against each type of facility was of invaluable assistance to the resolution of this matter. Mr. Strauss has the ability to relate in a very effective manner with insurance adjusters due to his past experience as an adjuster for cases involving acute and long-term care matters.
Please let the following serve as a recommendation for Richard Strauss, a mediator with whom we recently worked to resolve a nursing home negligence case.… We found Mr. Strauss to be extremely focused and well-prepared to initiate the mediation proceeding.… It was obvious that he had thoroughly reviewed the materials submitted to him prior to the mediation. He had an excellent working knowledge of the legal issues, as well an understanding of the medical issues of this particular claim. Our case had been pending for several years and numerous depositions had been taken.… Mr. Strauss' approach to the mediation stripped the case right down to the simplest terms, and he was able to focus both parties on their respective strengths and weaknesses.
I am pleased to say that with Mr. Strauss' assistance and negotiating skills, we were able to bring the case to a resolution. Mr. Strauss demonstrated excellent skills and ability to work with the attorneys and their clients. We would be pleased to work with him again in mediation.
I recently had an opportunity to mediate a nursing home wrongful death case with Richard Strauss.… The plaintiff submitted an exorbitant demand prior to the mediation.… Nonethless, the parties agreed to mediate and selected Richard as our mediator.
As a result of Richard's unique background in the long term care industry he was able to immediately recognize and focus on the central issues in the case. Because Richard has worked with both plaintiff and defense lawyers, he could objectively analyze the issues and identify risks to both parties if the case ultimately went to trial. In a case with poor settlement prospects, Richard was able to bring the parties to an ultimate resolution that was satisfactory to both sides.
Not only did I find Richard's expertise and knowledge helpful during this process, the cost of Richard's services were also very reasonable. My client was not only very satisfied with the outcome but also with the costs for the result which was ultimately achieved.
I am pleased to recommend Richard and urge you to consider him for mediations in the future.