- videocam On-Demand
- signal_cellular_alt Intermediate
- card_travel Personal Injury and Med Mal
- schedule 90 minutes
Negotiating and Settling Tort Cases: Evaluating the Case, Making the Demand, Bargaining Directly or in Mediation
Creating Strategies, Making Opponents More Receptive to Proposals, and Preparing Antidotes for Hard Bargaining Tactics
Welcome! Strafford is now BARBRI! The expert courses you know from the trusted global leader in legal education.
Description
The reality is that most lawsuits settle. Thus, just as every case should have trial themes and discovery strategies, each one should have a settlement plan and strategy. But most lawyers mistakenly assume that what persuades a jury will persuade opposing counsel or meet the needs of the defendant’s insurers, who may or may not be present, and whose checkbooks will fund the settlement.
An overall settlement strategy needs to be developed based on numerous obvious and not-so-obvious factors. Although the parties may frequently be attempting to divide a fixed sum, such as the defendant’s insurance proceeds, some options may exist to expand the pie or the people adding to it.
Listen as this premier panel of experienced negotiators and litigators offers guidance on practical actions that personal injury attorneys can take to make their opponents more receptive to their proposals.
Presented By

Ms. Hausner, Esq. has mediated full time since 2015. She has successfully mediated more than 1,000 cases in the areas of business, real estate, personal injury, employment, insurance coverage, construction defect, malpractice, civil rights, entertainment, and intellectual property law. Ms. Hausner has an exceptionally high settlement rate due to her tenacity, calm and friendly demeanor, creative “out of the box” thinking, and keen insight. She draws on her broad mediation experience, as well as her extensive study and understanding of the fields of negotiation and mediation. After an extensive career as a litigator, practicing law at both defense and plaintiff firms, Ms. Hausner launched her mediation practice because she understood the perspectives and interests of the opposing sides to a dispute, as well as the benefits of alternative dispute resolution. She received an LL.M. in Dispute Resolution from the Straus Institute for Dispute Resolution at Pepperdine University School of Law, and prior to joining ADR Services, Inc., she successfully mediated more than one hundred settlement conferences for the Los Angeles Superior Court. Ms. Hausner has spent considerable time mediating for the Central District of the United States District Court, the Department of Fair Employment and Housing, the Department of Consumer and Business Affairs, and the Center for Conflict Resolution.

Mr. Kornblum has specialized as a trial and appellate lawyer for 45 years. He has handled over 3,500 litigated matters to conclusion and has several million dollar plus cases to his credit. Mr. Kornblum’s practice focuses on representing plaintiffs, claimants, policyholders and victims of tortious and contractual wrongs in insurance bad faith, among other claims.

Mr. Mayerson specializes in complex insurance-coverage disputes including litigation, settlement and advice, and has appeared as counsel in actions seeking insurance recovery for environmental liabilities, asbestos bodily injury claims, product-liability claims, medical-device liability, fidelity losses, errors-and-omissions liability and employment-practices liability matters.
-
This 90-minute webinar is eligible in most states for 1.5 CLE credits.
-
Live Online
On Demand
Date + Time
- event
Thursday, January 11, 2024
- schedule
1:00 p.m. ET./10:00 a.m. PT
Outline
- Evaluating when settlement is a better alternative
- Settlement strategies and styles in personal injury cases
- Reactive
- Strategic
- Fixed-pie bargaining
- Integrative bargaining
- Impediments to settlement
- Techniques and strategies for influencing negotiation
- Dealing with threats, extreme demands, or unethical behavior
Benefits
The panel will review these and other issues:
- What is the difference between a negotiation strategy, negotiation style, and influence?
- Is it possible to employ deal-type negotiation strategies in personal injury cases to make the pie bigger?
- How can the plaintiff (and the defendant itself) put pressure on the defendant’s insurers to settle the case?
- When is it useful to engage a third-party neutral?
Unlimited access to premium CLE courses:
- Annual access
- Available live and on-demand
- Best for attorneys and legal professionals
Unlimited access to premium CPE courses.:
- Annual access
- Available live and on-demand
- Best for CPAs and tax professionals
Unlimited access to premium CLE, CPE, Professional Skills and Practice-Ready courses.:
- Annual access
- Available live and on-demand
- Best for legal, accounting, and tax professionals
Unlimited access to Professional Skills and Practice-Ready courses:
- Annual access
- Available on-demand
- Best for new attorneys
Related Courses

Motor Vehicle and Premises Liability Complexities Resulting From Low-Light Conditions
Wednesday, October 29, 2025
1:00 p.m. ET./10:00 a.m. PT
Recommended Resources
Making Continuing Education Work for You, Anytime, Anywhere
- Learning & Development
- Career Advancement
Getting the Most Out of BARBRI Resources
- Learning & Development
- Business & Professional Skills
- Talent Development