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    s slightly different. We’re not playing to jurors. We’re playing to the person who holds the purse strings. The insurance adjuster. Does an insurance adjuster care that your young client was Phi Beta Kappa? No
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    I arrived to help my client prepare for his upcoming mediation. The first thing he did was show me all the wonderful family photos he had of his client and her husband, the decedent.

    “My guy was the perfect plaintiff,” the attorney began. “Spent tons of time with his kids. He was the one who took them to school most every morning, he coached all their teams. An elder in his church. Loved by his neighbors. A consummate professional. His wife is a great witness. And this,” he said pointing to the autopsy photos, “is what happened to him. We’re going to ring the bell on this one.”

    I viewed the photos silently, but all I was thinking was, “So what?”

    So what?

    CONSIDER YOUR AUDIENCE

    Yes, so what? These photos, the stories, the personification of the deceased all have their place in a trial. In a mediation, it’s slightly different. We’re not playing to jurors. We’re playing to the person who holds the purse strings. The insurance adjuster. Does an insurance adjuster care that your young client was Phi Beta Kappa? Not

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    plaintiff,” the attorney began. “Spent tons of time with his kids. He was the one who took them to school most every morning, he coached all their teams. An elder in his church. Loved by his neighbors. A consummate professional. His wife is a great witness. And this,” he said pointing to the autopsy photos, “is what happened to him. We’re going to ring the bell on this one.”

    I viewed the photos silently, but all I was thinking was, “So what?”

    So what?

    CONSIDER YOUR AUDIENCE

    Yes, so what? These photos, the stories, the personification of the deceased all have their place in a trial. In a mediation, it’s slightly different. We’re not playing to jurors. We’re playing to the person who holds the purse strings. The insurance adjuster. Does an insurance adjuster care that your young client was Phi Beta Kappa? No

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    mmate professional. His wife is a great witness. And this,” he said pointing to the autopsy photos, “is what happened to him. We’re going to ring the bell on this one.”

    I viewed the photos silently, but all I was thinking was, “So what?”

    So what?

    CONSIDER YOUR AUDIENCE

    Yes, so what? These photos, the stories, the personification of the deceased all have their place in a trial. In a mediation, it’s slightly different. We’re not playing to jurors. We’re playing to the person who holds the purse strings. The insurance adjuster. Does an insurance adjuster care that your young client was Phi Beta Kappa? No

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    l I was thinking was, “So what?”

    So what?

    CONSIDER YOUR AUDIENCE

    Yes, so what? These photos, the stories, the personification of the deceased all have their place in a trial. In a mediation, it’s slightly different. We’re not playing to jurors. We’re playing to the person who holds the purse strings. The insurance adjuster. Does an insurance adjuster care that your young client was Phi Beta Kappa? No

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    s slightly different. We’re not playing to jurors. We’re playing to the person who holds the purse strings. The insurance adjuster. Does an insurance adjuster care that your young client was Phi Beta Kappa? Not likely. Is an insurance adjuster emotionally affected because your client’s legs were burned off him while he sat half in and half out of the SUV that had just rolled over on him? Doubtful.

    Insurance adjusters have seen the worst of the worst. They see horrific injuries every day. They see “perfect” plaintiffs every day. It doesn’t move them. What do insurance adjusters care about?

    Insurance adjusters care about one thing more than anything in the world, even more than money.

    Risk.

    When an insurance adjuster is listening to and watching a mediation presentation by a plaintiff, she is asking herself, “What is my downside here? What is my risk level?” And she is constantly weighing the risks of going to trial versus the costs of settling with money that the insurance company would prefer to hold on to for a little

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