Rather than ramble on generally about the “cost of litigation” or “the uncertainties of trial,” Mr. Booth specifically evaluates the strengths and weaknesses of each party’s position and charts a path to bring them all to a point of resolution based on that analysis. Mr. Booth does not follow a set script for mediation -- one size does not fit all. Mr. Booth recognizes and embraces the idea that different mediation approaches may be appropriate for any given case, depending on its size, complexity, value, progress towards trial, personal animus, and potential future cost. A commercial landlord/tenant dispute with no insurance coverage would probably require different considerations and handling than would a significant personal injury claim against multiple defendants on behalf of a minor.

While he has worked primarily as an insurance defense attorney, he has also worked as an insurance coverage attorney for both insurers and policy holders, and has also handled a variety of plaintiff’s cases over the years. Further, one of Mr. Booth’s greatest strengths as a litigator is his ability to get along with opposing counsel and parties. Mr. Booth spent 30+ years assessing and reporting candidly to insurers on the strengths and weaknesses of hundreds of personal injury and property damage cases, including evaluating likely risk, potential exposure, probable expense, strength of legal position, and procedural difficulties each party is likely to face. He can look realistically and critically at every case from multiple sides.

He has spent his career being professionally reasonable and convincing others to do the same. As a litigator, Mr. Booth made a point of working cooperatively with opposing counsel and co-counsel, actively working towards resolution without warfare. Mr. Booth attributes much of his success as a defense lawyer to his willingness to communicate openly and honestly with opposing counsel about the strength and value of the case. He also understands and takes into consideration the broader impact of some litigation, such as lawsuits involving parties still in business with one another, and necessary future contact between the litigants.

Moreover, given his broad and extensive litigation and mediation experience, Mr. Booth can anticipate potential significant impediments to settlement. Accordingly, he conducts pre-mediation interviews with counsel for the key participants to determine the parties’ initial positions, as well as determine if there are any significant impediments to settlement, such as pending coverage issues, missing parties, pending liability motions, undetermined damage figures, or key discovery issues. He also recognizes and anticipates the occasional need to allow one or more of the parties (or their attorneys or their insurers) to save face as a necessary component of an acceptable settlement proposal.

Mr. Booth has seen the settlement process from the inside and from every angle. He knows what each party and, more importantly, each of their insurers need to see and hear in order to provide settlement authority. He has years of “in the room” experience analyzing and addressing the concerns of every case’s numerous interested parties, and then getting a settlement not just agreed upon, but funded. His years of experience in insurance coverage allows him to gauge and address coverage issues that can derail an otherwise viable settlement.