Merge Mediation Group

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We have previously discussed the growing trend towards implementation by hospitals of Communication and Resolution Programs (CRP). To recap, CRP’s aim to foster transparent communication with patients and their families following an adverse medical event, including:

  • prompt disclosure of medical


Continue Reading 5 Ways Mediators Can Add Value to Hospital Communication and Resolution Programs

The dynamic present in personal injury mediations is fairly straightforward. The defendant’s insurer (or the defendant, if self-insured) will estimate the risk of a jury verdict for the plaintiff on liability, and discount the likely damages by that risk to
Continue Reading Insurer That Relied On Flawed Decision Tree Analysis Hit With $7.2M Judgment After Failed Mediations

The dynamic present in personal injury mediations is fairly straightforward. The defendant’s insurer (or the defendant, if self-insured) will estimate the risk of a jury verdict for the plaintiff on liability, and discount the likely damages by that risk to
Continue Reading Insurer That Relied On Flawed Decision Tree Analysis Hit With $7.2M Judgment For Rejecting Settlement Offers After Failed Mediation

The popularity of pre-litigation mediation clauses continues to grow. Such clauses are appealing because they provide parties with a window of opportunity to settle a dispute before becoming embroiled in litigation and incurring all of the attendant costs. Such opportunities
Continue Reading Is Your Pre-Litigation Mediation Clause Well-Drafted? A Cautionary Tale from California

Standardized commercial general liability (CGL) insurance policies impose a “duty to defend” that obligates insurers to defend insureds against “suits” seeking damages for claims potentially covered by the policy. The existence of a duty to defend is determined by the
Continue Reading Does a Mediation Trigger the Duty to Defend Under a CGL Insurance Policy?