In the complex world of asbestos litigation, the strategic timing of mediation can make all the difference in facilitating successful settlements. Unlike other mass tort or class action cases, asbestos litigation involves defendants facing numerous lawsuits in multiple courts and jurisdictions simultaneously. With cases at varying stages of the litigation, it becomes crucial for defendants to prioritize resolving cases that are closer to trial.
"It’s always helpful to have dispositive and Daubert motions ruled on and denied before a mediation," explains a legal expert. "However, in asbestos cases, unless the trial is close, defendants may not review the case seriously because they have other cases that are closer to trial and require their attention."
As a recent mesothelioma case handled by Beasley Allen demonstrated, the timing of mediation can be a critical factor in securing favorable outcomes for plaintiffs. The court in this particular case expressed a preference for early mediation. However, the lawyers at Beasley Allen recognized that any settlement offers made at that stage would likely be meager, as it was the court's first foray into asbestos litigation.
Despite the court's preference, Beasley Allen's lawyers successfully argued for a later mediation date closer to the trial. This allowed the defendants' decision-makers to be fully informed about the case and present during the mediation process. As a result, many high-value settlements were reached, even though not every defendant settled at that particular mediation.
"Mediation conducted closer to the trial date is more effective in securing the defendants’ attention," emphasizes a legal analyst. "The defendants and their national coordinating counsel would better understand the case and have more authority to offer higher settlement values. Plus, decision-makers involved in the case would be present during the mediation rather than just the defendants’ local counsel."
The success of Beasley Allen's attorneys in securing favorable settlements for their clients highlights the importance of timing in the mediation process. By strategically scheduling the mediation closer to the trial date, they were able to ensure that the defendants were fully engaged and had the authority to offer significant settlement values. This not only saved their clients valuable time but also valuable resources.
"Having such insight is critical in every case to achieve the best possible outcome, and Beasley Allen possesses this valuable skill," concludes a legal expert.
In the world of asbestos litigation, where defendants are inundated with numerous cases, the strategic timing of mediation can be the key to obtaining favorable settlements. By recognizing the need to schedule mediations closer to trial and ensuring the presence of decision-makers, attorneys can maximize their clients' chances of success.