By the time parties get to settlement discussions, they are often exhausted.

Teddy Snyder

Years of expense, anxiety and usually the imminent risk of a bad result at trial make them ready to get it over. Recognizing all the issues, including identifying the right financial tools, can benefit all parties.

Plaintiffs’ attorneys might raise these issues, but many lack comprehensive knowledge of the options. Others may raise the issue but not push too hard against a rejection. The attorney has completed the job and is ready for the well-earned fee.

The defense wants to stretch its dollars to minimize the payout. Once that number is established, its motivation is to close the case, and it won’t promote anything that might prolong that process. It may even try to scuttle the plaintiff's efforts to protect the funds.

When plaintiffs reject planning mechanisms designed to help them stretch settlement dollars, they usually cite a lack of control of the funds as the reason. The problem there is that the majority of plaintiffs lack the skills to manage a large settlement. To minimize taxation of income on invested settlement funds, some solutions must be created at the time of settlement.

Litigators are gladiators. They fight to get their clients in the best position for success. But when it comes time for settlement, they may need a specialist's help. And that's where the right mediator comes in.

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