The insight obtained from a mock trial can be a cost-effective replacement to agreeing to settlement based on anchors such as policy limits, damage caps, original offers, or plaintiff-jury rapport. (Shutterstock)
COVID-19 is placing an unprecedented strain on insurance company resources. As coverage disputes arise, insurance defense counsel should reconsider using mediation to take a first look at a case and gain insight into opposing counsel's case theories. Attending mediation with online mock trial knowledge has the potential to decrease litigation costs and settlement awards in a time when the future of jury trials is uncertain. Although dates have been set for jury trials to resume, there is no guarantee that these dates will hold and, according to media reports, COVID-19 outbreaks will continue, contributing to reluctance of parties to do anything in person.
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