Welcome “Get Your Game ON!” The Cards May Look The Same But The Game Has Changed 19 th Annual TIDA Industry Seminar Wednesday - Friday October 12-14, 2011 Paris Las Vegas, NV TRUCKING INDUSTRY DEFENSE ASSOCIATION 6311 W GROSS POINT RD | NILES, IL | T | F

Presented By Harvey Mensch, Manager of Casualty at USA Truck, Inc. Guy Perrier, Founding Partner at Perrier & Lacoste New Orleans, LA Ken Abbarno, Partner at Reminger Co. Cleveland, OH Mike Fulmer, Senior Corp. Counsel at YRC, Cleveland, OH Karen Podett, Senior Manager Liability Claims, at The Coca-Cola Comp. Atlanta, GA

The Cards My Look The Same But The Game Has Changed We will be taking an in-depth look into alternative resolution for your claims and litigation. It is never more critical than ever to start thinking and planning your strategies from the beginning. The panel will give there meaningful insight from pre-suit settlement strategies, personalization of the company, and why it is very important to investigate and know the plaintiff counsel as well as the mediator to insure a successful resolution.

Resolving It Before It Begins

1. Why? Confidentiality – pre-litigation information does not go public Cost savings – it is a business Reduces caseload and stress Minimizes risk

2. What to do? Improve your Game & be Personable Immediate response CAT team Obtaining documents Interviews Witnesses Run civil indexes Criminal indexes Know the likely venue/Judge/attorney

Take control expedite payment of property damage/rental Be reasonable & fair Use local counsel as a partner 3. How to Resolve it? Mediation Phone calls Cup of coffee

4. Try Cases 5. Resolution works best if the local bar knows you will only be fair.

Making It Personal

1. Timing of initial/Personalized contact Have more than just an attorney present; Perhaps not have an attorney present. 2. Identify motivating factors with the plaintiff. For example: Resolution; Retribution; Revenge; Need for an apology ;

3. Identify the emotional landscape involved. Father; Sibling; Type of family.

4.Communication Make sure that efforts to reach out to the family through their lawyer are making their way to the family. 5. Empower the plaintiff 6. Be open at the outset.

What You Need To Know About Opposing Counsel

We are going to talk about : Knowing the risk Knowing opposing counsel and his firms reputation Knowing opposing counsel’s case resolution strategy

1. Know the risk! Don’t abandon your high exposure claims There is more than liability and damages Always evaluate the “heat” in the case

2. What is “heat” in the case? Prior accidents Positive test for drugs or alcohol Driver’s medical condition Gross negligence Texting or cell phone use Defective equipment

3. Know opposing counsel and the firm’s reputation. Hiring local counsel Size of the firm Types of cases are handled “Settlement mill” or trial lawyers Relationship and reputation with local judges Quality experts Organizations and Civic Associations

4. Know opposing counsel’s resolution strategies. Hard work for a fee Timing and reasonableness of demand Typical settlement timing Mediation Purpose of mediation

Conclusion Know the risk Know opposing counsel and the firm’s reputation Know opposing counsel’s resolution strategies

Mediators: Knowing how to use them Instead of Getting Used by Them

1. Know who the mediator is Mediator’s bio What others say about their experiences with the mediator What impact, if any, your specific case might have on the mediator

2. Educate the mediator about your company/client and about you 3. Know your mediation goal Dollar / Settlement goal Positioning via mediation What would change your set goal? Know the next step should you need one

4. Evaluate and respond to the Mediator’s style of communication What is the mediator saying, and what is the mediator meaning? Based on your communication with the mediator, what is the mediator’s position on the case? The claimant? The value? The stumbling blocks to resolution? Use his/her impressions as a check for your impressions. Can they make you more objective in your review and evaluation?

Conclusion What does your role need to be? Can you play that role? What messages do you need to use the mediator to deliver that you cannot deliver? Do you use/ keep the mediator involved post-mediation?

Questions