Alternative Litigation Solutions

Alternative Litigation Solutions Alternative Litigation Solutions (ADR) through binding arbitration or mediation is an efficient alternative to the time and expense of a jury trial.

03/23/2026

Philadelphia County Settlement at Mediation: $300,000.00:

This premises liability matter was particularly challenging. The case arose from slip and fall on ice on a parking lot. Plaintiff claimed she fell as a result of negligent clearing of the parking lot, injuring her left elbow which required open reduction and internal fixation surgery. To the extent the fall occurred as she was leaving work, Plaintiff's employer paid workers compensation benefits and was asserting a lien of approximately $137,000.00. Defendants denied liability and the extent of any ongoing limitations. More specifically, Defendants raised the "hills and ridges doctrine," and also argued salt had been applied before the snow began to accumulate, as recently as one (1) hour before the fall. Defendants also argued Plaintiff fell during an active snowstorm, raising issues as to whether any "duty" had yet arisen. Complicating the analysis, Plaintiff's Deposition testimony was exceptionally vague in her description of the conditions and of her fall, so much so that she risked the very real possibility of not being able to successfully prove her claims. Ultimately, all Parties recognized the risks in proceeding to trial, and I was able to broker a fabulous settlement after several days of negotiations. Of particular note, the workers compensation carrier's involvement in the negotiations proved critical. Recognizing no lien would be repaid should a jury conclude Defendants were not negligent, or that Plaintiff could not prove her case given her Deposition testimony, I was able to convince the carrier to compromise its lien to $50,000.00, virtually unheard of in the practice as many carriers consistently and persistently assert the "absolute" right to reimbursement under Pennsylvania Law. While Plaintiff certainly wanted more, and Defendants wanted to pay less, a very amicable settlement was ultimately secured.

02/17/2026

Philadelphia County Settlement at Mediation: $137,500.00:

This premises liability matter arose from a slip and fall incident which occurred on Defendant's sidewalk. Plaintiff, a very pleasant witness with no prior claims or medical history, asserted that as she walked on the sidewalk, Defendant's dogs startled her in such a way that she moved to the edge of the sidewalk and fell due to a dangerous change in elevation between the sidewalk and the adjacent grass. As a result of the fall, Plaintiff sustained a fractured wrist which required surgery and subsequent removal of surgical hardware. Although Defendant did not dispute Plaintiff sustained a fracture, which appeared well-healed, Defendant did dispute that the sidewalk was in any manner defective. Instead, Defendant - citing significant portions of her Deposition testimony - argued Plaintiff's inattentiveness caused her to fall. Similarly, Plaintiff cited various portions of Defendant's Deposition testimony wherein she conceded the change in elevation may have been something she should have corrected. Ultimately, the risk of trial for both Parties prompted a very reasonable, amicable settlement.

01/15/2026

PHILADELPHIA COUNTY SETTLEMENT AT MEDIATION: $500,000.00:

This case could have provided for a really good law school exam question. Moreover, the quality of advocacy by the attorneys and claims representative was outstanding. It is such a pleasure to work with everyone in this case. Liability and damages were very much in issue as was Pennsylvania's "Fair Share Act" and the applicability or non-applicability of the case of "Spencer v. Johnson." The case arose from a three-vehicle motor vehicle accident. Plaintiff's theory was that as he merged from the right travel lane to the left travel lane he was involved with a collision with an unidentified vehicle which fled the scene, thereby causing Plaintiff to cross into the opposing lane of travel and be involved in a subsequent collision with another vehicle traveling in the opposite direction, against whom Plaintiff filed suit for negligence. The operator of that vehicle never saw an unidentified vehicle and only saw Plaintiff's vehicle suddenly appear in his lane of travel and there was nothing he could have done to avoid the collision; there was some evidence that driver may have been driving faster than was suitable for the conditions as it was raining at the time. Compounding the analysis, Plaintiff (who was claiming, in part, a traumatic brain injury) testified he had no memory of anything following the initial impact with the unidentified vehicle, including any observations of the other vehicle traveling in the opposite lane of travel. Thus, a major hurdle for Plaintiff to overcome was establishing negligence and causation against the driver of the vehicle traveling in the opposite direction and who claimed, in part, "Sudden Emergency." There were "hearsay" issues involved as well as the very real prospect that Plaintiff could have been found entirely at fault for causing the accident in the first instance when he merged from the right lane to the left lane and collided with the unidentified vehicle (again, Plaintiff's lack of memory arguably made it impossible for him to explain his actions in ascertaining it was safe to do so). Regarding damages, Plaintiff was claiming significant economic damages which Defendant disputed. Although Plaintiff clearly suffered some injury, Defendant had undertaken surveillance of the Plaintiff and had a multitude of evidence suggesting Plaintiff's claims, particularly regarding the traumatic brain injury claim, were not as significant as claimed. Ultimately, with significant risk on all Parties, the gallant efforts of everyone resulted in a fabulous, amicable settlement. It was truly a very fascinating set of facts.

01/05/2026

Philadelphia County Settlement at Mediation: $400,000.00:

Kicking off 2026 in the right way by brokering a settlement through Mediation. The case involved a home health aide assisting her client into a motor vehicle. After securing her client into the vehicle, Plaintiff walked to the other side and was attempting to enter the vehicle herself when the driver drove off, failing to recognize Plaintiff was accompanying her client. Plaintiff claimed multiple injuries to her head, neck, back, and knees for which she underwent treatment, including injection therapy. Plaintiff was also claiming post-concussion syndrome. Following the accident, Plaintiff was rendered disabled by the Social Security Administration. As part of her claim, Plaintiff claimed unpaid medical bills as well as future medical bills and future wage loss. The defense contended future medical bills and wage loss were overly speculative and not reasonable. Significantly, Plaintiff presented as a very sympathetic, compelling witness who was likely to resonate with a Philadelphia jury. Ultimately, all Parties and counsel worked diligently to procure a very reasonable, amicable settlement.

12/01/2025

TWO DAY MEDIATION DAYS RESULT IN NEAR PERFECT SETTLEMENT RATE:
Recently, I was the Mediator for a major national insurance company. The cases included premises liability and motor vehicle liability. Over two (2) full consecutive days, I was able to broker amicable settlements in every case except for one. It certainly helped that everyone involved was prepared, fair, and reasonable in their respective assessments of the cases. A very productive day indeed.

10/16/2025

Philadelphia County Settlement at Mediation: $260,000.00:
This premises liability matter arose from a slip and fall on a grape near a self-checkout station. Liability was very much in issue as the Defense presented video evidence that reflected another customer had dropped a grape while checking out. Merely sixteen (16) seconds later, Plaintiff stepped on the grape causing her to fall. Thus, Defendant argued such a brief period of time was insufficient to establish any duty on Defendant to remove the grape. Plaintiff argued that even within that brief period the video footage reflected a store employee walk by the grape and then gave a statement that he saw the grape and was on his way back to pick up the grape when Plaintiff fell. Plaintiff was claiming approximately $26,000.00 in unpaid medical bills as well as $80,000.00 to $120,000.00 in future care as a result of a fractured left patella which was surgically treated with an open reduction and internal fixation. Defendant cited Plaintiff's own medical records which reflected a well-healed fracture and no reasonable expectation that Plaintiff would undergo any future surgery. Plaintiff and her husband were rather sympathetic, although Defendant further pointed to various pre-existing comorbidities involving the same leg. Ultimately, all Parties were firm, fair, and reasonable which led to the consummation of a fair, amicable settlement.

05/28/2025

Settlement at Mediation: $500,000.00:
I am pleased to report the settlement of a premises liability action brought against a gas station/convenience store. The case was brought by decedent's estate arguing general negligence in the death of a young man. Decedent entered the store, purchased a few items, and then exited the store. Unbeknownst to decedent, a car pulled into the lot out from which two men with assault-style rifles began shooting multiple rounds at decedent in what was alleged to be a "targeted shooting." Decedent fled but was later found and executed. The defense argued, in part, that Pennsylvania Law imposed no "duty" on Defendants and that even if there were a "legal duty," the "cause" of decedent's death had nothing to do with any alleged breach of that duty as this was a targeted shooting and that this tragic incident would have occurred regardless. After a full day at Mediation, followed by several days of back-and-forth, I was able to procure an amicable settlement which avoiding Plaintiff risking the case being dismissed on "Summary Judgment" and the Defendants risking a large verdict in the event the case proceeded to trial.

03/26/2025

SETTLEMENT AT MEDIATION:
$225,000.00:
I am pleased to report the settlement of a motor vehicle accident claim pending in Delaware County, Pennsylvania. Plaintiff was operating his vehicle upon the roadway when struck by Defendant as he backed his vehicle onto the roadway from a driveway. There was significant damage to Plaintiff's vehicle. In addition, Plaintiff sustained an avulsion fracture to his C4 vertebrae which, fortunately, healed over time, although there were multiple MRI findings supporting Plaintiff's claim that this accident advanced the degeneration in Plaintiff's cervical spine such that Plaintiff's spinal cord was being impinged. Plaintiff was also asserting a claim for past and future wage loss; however, the defense effectively argued Plaintiff's preexisting comorbidities rendered consideration of the wage loss claim tenuous at best, particularly that relating to any future loss. Ultimately, a fair, amicable settlement was procured.

03/12/2025

COMBINED $80,000.00 POLICY LIMITS ALLOCATED:
I recently had the pleasure of working with several wonderful Plaintiffs, all of whom had been seriously injured in a rather severe motor vehicle accident. Two (2) separate policies of insurance had been tendered which totaled $80,000.00. In addition, there were other sources of potential recovery in the form of underinsured motorist coverage. As counsel was confronted with a "conflict of interest" insofar as him proposing an allocation, I was tasked with allocating the funds in such a manner as to maximize each Plaintiff's recovery in a fair manner given the injuries while also preserving the claims for underinsured motorist coverage. After reviewing the voluminous medical records and meeting with each Plaintiff, we were able to fairly and efficiently allocate the funds. It certainly helped that all of the Plaintiffs were wonderful people; I am thrilled they were not injured more severely injured in this very violent accident.

01/27/2025

Philadelphia Employment Discrimination/Hostile Work Environment Settlement at Mediation: $300,000.00:

I am pleased to report a fabulous settlement at Mediation. The case involved claims of discrimination, hostile work environment, and retaliatory firing. Plaintiff, a young Jewish individual worked with another person who was purportedly a white supremacist who refused to cover up various tattoos, including a sw****ka, notwithstanding the employer had a written policy that such displays must be covered. Plaintiff also alleged the coworker would perform a N**i salute and would say "Heil Hi**er." Plaintiff claimed discrimination, a hostile work environment, and retaliatory firing following various complaints that were made relative to that individual. Defendant contested Plaintiff's claims, noting that Plaintiff had various documented work-performance warnings and write-ups, some of which pre-dated the hiring of the alleged white supremacist. With an uncapped binding arbitration with a former judge imminent, several hours of negotiations ultimately resulted in an amicable settlement being procured.

01/02/2025

Multiple Mediation Days Result in 100% Settlement Rate:
Recently, a major insurer convened three (3) full days of Mediations with numerous claims scheduled. I was able to secure an astounding 100% settlement success rate. The cases involved claims arising from motor vehicle accidents as well as those involving premises liability. There were a multitude of injuries claimed including spinal injuries as well as injuries from dog bites. Working together with counsel, the claimants, and the insurance claims representatives, I am thrilled we were able to settle every case listed. It was a tremendously successful day for everyone involved. I was particularly touched by one claimant who, after I was able to resolve her claim and her minor son's claim for the full policy limits, she tearfully hugged me and said, "I so appreciate your efforts for me." This was a very challenging, but highly rewarding few days.

12/09/2024

Mediation Day Results in 100% Settlement Rate:
All day Mediation Day with a major national insurer resulted in each and every case being settled. All of the cases arose from a motor vehicle accident. The claimed injuries were mostly spinal in nature. Working together with counsel, the claimants, and the insurance claims representatives, we were able to settle every case listed for the day. It was a tremendously successful day for everyone involved.

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