Big defendants – institutions, insurance carriers, and government entities – have an advantage at mediation over individual or small business plaintiffs. Unlike a small plaintiff whose case is a one and done, a big defendant can spread the risk of an out sized trial verdict over a vast portfolio of cases. The big defendant often retains counsel at a volume discount and can easily afford to file and argue post-trial motions and appeals. This is not to say that a plaintiff should simply accept whatever is offered, but a small plaintiff should be aware that a big defendant has an advantage and think carefully before rejecting the defendant’s final offer at mediation.
Francis Carter
