Opening Doors to Resolution: A Mediation Podcast

With the economy grinding down to a crawl due to COVID-19 the issue of whether there is insurance coverage is hotly debated and businesses have already filed lawsuits asking their insurers to cover lost income due to the virus and stay at home orders. Steve conducts a round table from his (rectangular) kitchen table in Austin, Texas. Joining him are two outstanding attorneys, Marc Shrake of Freeman Mathis & Gary out of Los Angeles, California and Frank Weiss of Tonkon Torp out of Portland, Oregon. Mr. Shrake typically represents insurance companies while Mr. Weiss represents policyholders. The three of them discuss recently filed suits, disputed issues and the potential mediation of COVID-19 insurance related disputes.  While these lawyers provide great insights can Mark and Frank win the Monty Hall game?  Tune in to find out.  

Steve literally meets his guest, Caryn Carson, half-way in Waco, Texas. Ms. Carson is a lawyer by day, comedian by night and Steve and Ms. Carson discuss the use of humor in the courtroom and at mediation. The two discuss how different eras have handled and defined “inappropriate” attempts at humor and how difficult and contextual it is to draw the line. Steve notes that humor, when used correctly, can be a powerful tool for a mediator, but it can also alienate certain parties. That said, the law and mediation doesn’t always need to be so serious, so lighten up because Ms. Carson ensures that this episode is entertaining and maybe, just maybe, a little informative.

Steve travels to Houston to discuss complex litigation with an environmental scientist, John Loper. They discuss the role of experts, whether Indian curry is a pollutant and the difficulties of evaluating, settling and negotiating environmental insurance coverage actions.