Intuition is the brain function that lets you jump from one piece of information to another. It’s why you may get your best case management ideas in the shower or even in a dream. It’s why you have that gnawing feeling that something is not quite fitting together the way it should to make sense.

Teddy Snyder

A decade ago, I wrote a book, "Personal Injury Case Management: What’s My Case Worth?" In Chapter 3, "Gut Instinct," I wrote:

Experienced lawyers and insurance claim personnel use their accumulated knowledge, their gut instinct, every day in evaluating personal injury cases. In general, the more experienced the evaluator, the better the evaluation.

The difference between a litigation plan
and lockstep litigation

When your brain makes that jump or gives you that gnawing feeling, the best thing to do is to formalize a plan to resolve the issue. Create a table with the issue on the left and what you need to do to move ahead on the right. That might be an on-the-ground investigation, a subpoena, limited new discovery, writing a letter to your opponent or scheduling a mediation.

The one thing that is unlikely to provide the missing piece of the puzzle is to keep sending out the same template discovery and asking the same questions you ask in every case. When your intuition sends you a signal, don’t ignore it.

Intuition at mediation

One of the benefits of mediation is that it brings together the real players. Even in a virtual mediation, you can observe body language and speech mannerisms. You can pick up emotions and motivation. Sometimes, parties are looking for revenge, but more often, they are looking for validation of their own story.

You can also sense if your opponents are not fully prepared. Impressing your opponents with your mastery of the case can drive them to settlement.

As a mediator, I have often sensed whether people were really ready to settle. I was able to dig out information that was irrelevant to the case, but was the actual settlement driver. For example, one claimant had a sick spouse and wanted to settle to better care for the spouse. The statutory confidentiality of the mediation caucus lets me ask the questions my intuition prompts and which could not be asked in discovery.

Pay attention to your gut

Intuition is informed perception, not blind speculation. Use your knowledge, your research and your experience to guide your settlement negotiation. Rely on the mediator’s intuition, too.

Attorney Teddy Snyder mediates workers' compensation cases throughout California. She can be contacted through snydermediations.com.