Marv Wenograd, who ran the October meeting, was elected President for 2009. Complete election results for 2009
President:
Marvin Wenograd,
Frontier Adjusters;
Vice President:
Barbara Hall,
Marine Claims Services, Inc.;
Secretary:
Gaye Bishop,
Royalty Cleaning; and
Treasurer:
Steve Wenograd,
Frontier Adjusters
Stephanie Hall, of Ron Hall & Associates, Inc., won a very nice bottle of vodka.
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We all play the role of mediator
Attorney, and long-time supporter of the Mid-Valley Claims Association, Dan Quinn, of the Law Offices of Quinn & Kronlund, returned to speak at the October 17, 2008 luncheon meeting. Mr. Quinn, who has been practicing law since the his role as Deputy District Attorney in Santa Clara County, 1972-1975, has seen a dramatic shift in his practice in recent years from litigation to mediation.
He began his presentation asking the crowd "how many of you have ever been in a mediation?" Numerous hands went up. "Even if you've never been in a mediation," he contended, "you've been a mediator." He explained that settling a file/claim is the same as what he does as a mediator, the difference being that his services come into play "later in the game".
He suggested that adjusters set up claims early with information that will help the process along later.
Quinn contended that adjusters can mediate, "you have the skills," he said. A mediation, he explained, is basically a "voluntary settlement conference where everyone who shows wants to make a deal."
"Mediation gets to the correct result," he stated. "What you do in mediation is confidential. It's not a license to lie, but a license to lay all your cards on the table," he said.
Structured settlements often play a significant role in bringing two sides closer to resolution. "A three hundred thousand dollar deal paid more than seven hundred fifty thousand dollars," he stated, citing a particular case, using a structured settlement. "Structure fee is pad by carrier, not out of the settlement money," he explained. The claimant is able to meet their long-term needs while the carrier/defendant can stay within policy limits for a fair settlement for all.
"All I am is a facilitator trying to get these two guys to cut a deal," he said, modestly. The point being that, "in mediation, the parties are in control. If you can make a deal, then litigation never happens, and there is no chance for bad faith."
Mr. Quinn took the group through the typical mediation process - what happens and what you can expect . "People tend to like to have at least a short joint meeting to put a face to the file," he said.
"If it goes to trial, the case will be decided by someone outside of your control," he stated. "but, in mediation, you have control."
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Brian Saari, of Har-Bro General Contractors, and Frankie Botelho, of Mastermind Alliance.
Barbara Larson, of Cunningham Lindsey, and James Madallon, of Taylor Renovation, Inc.
Sam Belknap and Rick Bishop, or Settlement Professionals, Inc., got a strong endorsement of their work in structured settlements by Dan Quinn.
MVCA Treasurer, Steve Wenograd, of Frontier Adjusters, and Stephanie Hall, of Ron Hall & Associates, Inc., show off their respective door prizes as the luncheon meeting concluded.
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