Jeffrey Muszynski’s Post

I try to journal every day. I write a few things I am grateful for and a few 'mistakes' I can learn from each day. I started this practice when I started my own firm just about three years ago. I've got three years of messages to myself and can see the growth of myself and my firm in them. I also have three years of patterns and areas for growth. It's a fascinating exercise and a humbling lesson. I 100% recommend the practice to anyone.

Mediation Monday - There is no such thing as one size fits all There is a lot of oxygen given to solutions that apply for 'everyone' or 'all' in certain contexts. Many of those pieces of advice have a lot of great wisdom. But like anything - they don't -always- work. Mediation is the same way. Just because something 'usually' works doesn't mean it does every time. Just because some way of saying things worked to break through barriers of negotiation doesn't mean it works every time. And just because most every other case looks like this doesn't mean this case will end the same way. Be flexible, question yourself, be humble, and be ready to try something new. If the goal is resolution, learning, and movement forward, the exact way you get there isn't as important as the getting there.

Mediation Monday (on a Tuesday!) - Try and Make Things Better Sometimes mediation feels like either a success (it settled!) or a failure. That black and white thinking can be hard for clients who may only do this once in their lives - or for corporate clients looking to finalize things . This weekend I had a personal situation that I thought did not go well based on actions by others. After reflecting on the situation I was able to identify a few key areas that needed some improvement to avoid things happening to someone else. Rather than lodge a complaint or focus on feelings, I'm approaching it to try and make things better so that someone else isn't as concerned or put in a similar situation. Mediation can work the same. For individuals - attorneys and the mediator can focus on the process, on making the client heard and supported in a non-confrontational space, and ultimately on helping the client feel ready for whatever the next steps are. For businesses and clients with more experience with litigation - attorneys and the mediator can focus on the predictable things to come, the potential for unexpected outcomes, and help pin down the amount of risk the client needs to prepare for. Whatever the client, the mediator and attorneys can help that client leave the experience at least feeling like they understand what comes next and what they can expect in the future. Make those little things better for the client and even if the case doesn't settle, the client comes away feeling like the mediation wasn't a waste of time or energy.

Mediation Monday - Don't ignore the 'good' in search of an uncertain 'great' In life it is easy to think the grass is greener somewhere else, with something else. The unknown can sometimes be appealing because it involves limitless possibilities. Those possibilities can be distracting to what is 'good' right in front of us, Mediation is, by its nature, a compromise. Rarely do people walk out of mediation thinking they 'won' or 'beat the other side' because it involves giving up something to get something else. Many times, there are possible defense verdicts far less than what is paid, or plaintiff verdicts with values significantly more than the settlement. Both sides are giving up those possibilities in exchange for the certain result of a settlement. Sometimes the 'possibility' of better gets in the way of seeing the 'good' right in front of a party. As lawyers, we are often much more comfortable with risk than our clients are, particularly plaintiffs. In mediation, it is the mediator's job to explain the 'good' result in front of the parties and the uncertainties of continuing on to try and get something better. Parties should have a clear view of all of the potential outcomes before making their decisions. Only then can they feel good about the result, regardless of the choice.

Mediation Monday - Focus on today This applies broadly to business too, but mediation is sometimes just an exercise in 'What can I accomplish today?' Ask yourself these questions and provide the answers to your clients: 1. What can I learn about what the other side thinks about the case? 2. What is the best offer I can get from the other side today? 3. Where do I still have work to do to improve my client's standing in the case? 4. If it doesn't settle today, what can I tell the other side to move the case closer to settling in the future? (if anything) When a case doesn't look like it will settle at mediation there is often a lot of emotion, particularly frustration. But when a case isn't going to settle its a free opportunity to exchange information with the opposing side(s) and use the mediator to accomplish certain goals. Focus on what you can get done if you can't get the case settled. A good mediator will help you accomplish as much as you can in the process. #mediationmonday

This may be unpopular with EVERYONE but here goes: The question of how much time in the office or flexible work from home is not the best question to ask. Instead, the question should be how do I intentionally set up systems and structures to enable everyone to work well in whatever environment is best? Being in the office doesn't necessarily create more connection than remote. It creates different, and in many instances, easier connection between people. But it doesn't have to be less. Things like zoom, slack, teams, facetime and an assortment of other tools that I don't even know about yet make it easier than ever to coordinate and communicate with others. Find a solution that works for the majority of your people and then be intentional about setting up systems that make that solution great.

I wrote an article that was just published in MN Bench and Bar about building a practice in both MN and WI. If this interests you - here's the link: https://lnkd.in/gcudEnw7

Happy Labor Day and thank you to all the people working hard, putting in long hours, striving to be a part of something great, or just showing up to make sure they can pay the bills. Unions, workers, labor, employees - nothing would function without you.

New lawyers (and experienced ones) - ignore the desire for 'perfect' It is an impossible standard and one that constantly weighs on our profession. Your clients will understand a typo. The judge/jury will understand a hesitation or misstatement of a name. Your office will understand a mistake. Focus on doing well, doing good, doing right. Work on removing the culture of 'perfect' from wherever you can.

Jennifer Kapp asked a question that inspired me to write some thoughts: Why does the insurance company equate to being the 'bad guy'? As someone who has worked for the insurance companies, then worked for plaintiffs, and now works as a mediator with both alongside my own cases, I have some thoughts: 1. It is easy to label the insurance industry as the 'bad guy' - they are faceless corporations with endless sums of money, influencing the legal system with political contributions and able to project their influence into the public at large through media campaigns (see the McDonalds propaganda and tort reform). Plaintiffs and their attorneys are often small firms, with people with real losses, and only have clout in large numbers banded together. In short - it's easier to hate on big business than it is on your neighbor, friend, family member, or the lawyer down the street - even if they have their face on billboards all over. 2. Our justice system, for all its flaws and merits, is based not on finding truth but enforcing 'justice'. It is a remedial system that steps in afterwards to remedy a problem, a loss, a wrong. In this system, the insurer acts as the speed bump to 'justice' in the eyes of many. In most instances, the insurer is actually looking for 'truth' and so is the plaintiff. They both want an outcome that is accurate and based on the facts. The problem is - the system doesn't care about truth. It cares about winning and losing, justice, punishment, and reward. So again, it becomes easy to blame the side of the coin that is slowing down that move towards justice, limiting the amount of justice, or stopping it all together. This conflict between truth and justice is an ever-present discussion with most plaintiffs and their attorneys. 3. In PI cases, we are often talking about an impact and damage to someone's life. That is being balanced against a set of numbers in bank accounts somewhere held by a large corporation. It is 'easy' to choose a side. As humans, we like tribes, teams, groups. Pick the side of the money? Pick the side of human life? Our instincts usually tell us the second one is the team to be on. 4. As sophisticated players in claims, insurers can (and have) engaged in tactics that prey on unsophisticated people. I'm not saying all do that, I'm not saying most do it, but some do. Enough do it that I've had a handfull of cases where plaintiffs accepted checks sent to them unsolicited and representing full satisfaction and I have to fight a battle to keep their claim alive. Most claims people handle hundreds, thousands, and more claims in a year or two. For many people this is the only time they have been involved in any bodily injury claim (or property claim for that matter). There is an inherent power imbalance. This is already too long but I have a lot more I'm thinking about - focused on business, communication, and the lawyers themselves. What are your thoughts? #TheBadGuy #ThoughtsOnClaims