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Early Intervention: The Value of Pre-Suit and Early Mediation (ADR Committee)

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    • Early Intervention: The Value of Pre-Suit and Early Mediation (ADR Committee)

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Dec05Tue2023
12:00 PM to 1:00 PM
Zoom
1 Substantive Hour(s)
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Description

ADR Committee VIRTUAL CLE VIA ZOOM

You MUST ALSO register here for your Zoom link

12 Noon Program | Zoom | Substantive (same as live program)

$15 Student Members | $25 Paralegals | $30 DCBA Members | $50 Attorney Non-Members

Registration deadline: 12 Noon, Monday, December 4

 

Most ADR, including mediation, is first discussed long after the lawsuit is commenced and after thousands of hours and dollars have been spent “fighting the fight.” Why not consider the potential benefits of mediation before or shortly after the litigation is started? The presenters and moderator of this CLE will attempt to answer that very question, from the perspective of the parties, counsel and the mediator. In doing so, the panel will address such topics as: parties’ self-determination, confidentiality, time and cost savings, risk avoidance, preservation of relationships, among other related topics.

Speakers

Christopher J. Marzzacco
Christopher J. Marzzacco Marzzacco Niven & Associates Injury Law

Mr. Marzzacco’s practice is concentrated in automobile, motorcycle and tractor trailer case litigation, including Wrongful Death and Survival actions. Mr. Marzzacco also represents persons seriously injured or killed in premises liability cases, work accidents, dangerous and defective products and civil rights matters.

Mr. Marzzacco has been rated by his peers in “The Best Lawyers in America” and in “Super Lawyers” every year since 2017. Mr. Marzzacco has lectured and planned Continuing Legal Education seminars, presenting on various topics and has written on a variety of topics relating to personal injury law, automobile law and automobile insurance issues for the Legal Intelligencer and other publications.

Over his career, Marzzacco has secured exceptional recoveries for his clients in past auto and tractor trailer accident cases, including settlements of $2.15 million, $1.85 million, $1.625 million, $1.5 million, $1.015 million, and $1 million,

In 2021 alone, Marzzacco obtained results of $1,600,000.00 for a young man who was severely injured when a tractor trailer ran his car off the roadway; $1,400,000.00 for the mother of a man killed by a tractor trailer in a motorcycle crash; $800,000.00 for a commercial driver client seriously injured by a freight-loading company who improperly loaded his tractor trailer, causing the freight to fall on him; $1,100,000.00 for a teenager hurt in a school-related vehicle crash; and $950,000.00 for a child injured in a cemetery incident; and $825,000.00 for the family of a man killed by a drunk driver in a motorcycle crash.

Marzzacco was also co-lead counsel of the legal team responsible for representing a Philadelphia man who was wrongfully convicted of murder and incarcerated for over 24 years. After years of litigation, the case resulted in a settlement in 2021 with the City of Philadelphia, of $5,650,000.00. In his career, Marzzacco has also obtained multiple other confidential, multimillion-dollar mediation settlements in cases involving dangerous and defective products.

From 2001 – 2010, Mr. Marzzacco served on York County’s panel of Arbitrators in general civil litigation cases and from 2011-2012 and 2017-2018, was appointed Chairman of an Arbitration Panel in Dauphin County. Marzzacco is a member of several Trial Lawyers’ groups, including the Pennsylvania Association for Justice (PAJ), where he currently serves on the Middle District Board of Governors; the American Association for Justice (AAJ), as a member of the Trucking Litigation Group; and the Dauphin and Cumberland County Bar Associations, having served on the Board of Directors in Dauphin County from 2019-2020 and currently serving as the CLE Board Chairperson.

Mr. Marzzacco has taught trial advocacy at Widener University School of Law’s Intensive Trial Advocacy Program (ITAP) from 2001 to 2016 and 2022 and has coached trial teams for Widener University’s Mock Trial program as well. Marzzacco currently serves law school on the Dean’s Advisory Committee.

From 2011-2017, Mr. Marzzacco was involved with “EndDD.org,” traveling across Pennsylvania giving presentations to high school students and encouraging them to drive without distraction.

Originally from Carbondale, a small town in Northeastern Pennsylvania, Mr. Marzzacco earned his law degree in 1996 from Widener University School of Law and received his undergraduate degree from Wilkes University in 1993. Chris and his wife Jennifer have lived in the Harrisburg area since 1996.

AREAS OF PRACTICE: Motor Vehicle Accidents | Tractor Trailer Crashes | Wrongful Death | Premises Liability | Work Accidents Dangerous & Defective Products | Civil Rights

BAR ADMISSIONS: Pennsylvania, 1996 | Federal, Middle District of Pennsylvania, 2004 | Federal, Eastern District of Pennsylvania, 2015 | U.S. Court of Appeals for the Third Circuit, 2018

EDUCATION: Widener University School of Law, Harrisburg, Pennsylvania, J.D. | Wilkes University, Wilkes-Barre, Pennsylvania, B.A.

Brooks R. Foland
Brooks R. Foland Foland Mediation Services (FMS)

Brooks has a varied litigation practice in our Professional Liability Department representing insurers in claims involving coverage disputes, insurance bad faith, and uninsured and underinsured motorists benefits. He spends a portion of his practice defending claims against product manufacturers and public entities. As chair of the Emergency Medical Services Practice Group, Brooks defends EMS agencies and their individual providers in all manner of litigation.

Brooks has developed an extensive trial practice, serving as first chair in close to 50 jury trials and has participated as counsel in dozens of arbitrations and mediations. He is frequently asked by clients and industry organizations to lecture on a variety of topics concerning insurance coverage and bad faith matters.

Brooks is the former president of the Dauphin County Bar Association, and is the recent past vice president. He is also a member of the Pennsylvania Bar Association, Pennsylvania Defense Institute and the Pennsylvania Emergency Health Services Council. Brooks is currently on the Board of Pennsylvania Defense Institute and co-chair of Auto Law Committee of PDI. He serves on the Board of Directors for Tree 4 Hope, Inc.

Brooks has almost 30 years’ legal experience in all aspects of Civil Litigation and Alternative Dispute Resolution (ADR) as an arbitrator and as an attorney representing interested parties in hundreds of arbitrations and mediations. These experiences, coupled with rigorous and in-depth ADR training, working with excellent mentors in the field and providing volunteer services, has led Brooks to a personal and professional commitment to the value of ADR in attempting to resolve the full spectrum of litigated and non-litigated disputes.

Brooks is very active in his community and church. He is a long-time volunteer for Meals on Wheels and works pro bono with veterans on disability appeals. He enjoys travel and takes an annual mission trip to Guatemala to assist with boys and girls’ orphanages.

CERTIFICATIONS & TRAINING: Pepperdine School of Law: Mediating the Litigated Case, September 2021 | United States District Court Middle District of PA: Mediation Training & Certification, September 2021

ADMISSIONS: Pennsylvania 1993 | U.S. District Court Eastern District of Pennsylvania | U.S. District Court Middle District of Pennsylvania | U.S. District Court Western District of Pennsylvania | U.S. Court of Appeals 3rd Circuit

EDUCATION: Widener University School of Law (J.D., 1993) | Temple University (B.S., cum laude, 1990)

HONORS & AWARDS: Pennsylvania Super Lawyers 2017-2021

ASSOCIATIONS & MEMBERSHIPS: Dauphin County Bar Association, President, 2019 | Neighborhood Dispute Settlement, Volunteer Mediator | Pennsylvania Bar Association, ADR Committee, Member | Pennsylvania Council of Mediators, Member | Pennsylvania Defense Institute | Pennsylvania Emergency Health Services Council, Affiliate Council | Tree 4 Hope, Inc., Board of Directors, Secretary | United States District Court Middle District of Pennsylvania, Certified Mediator

Lacy  Hayes Jr.
Lacy Hayes Jr.

Employment Information: Solo law practice in Harrisburg since 1981

Mediator Experience: Dauphin County Bar Association Civil Dispute Resolution Program panel member, and Chair of the Alternative Dispute Resolution Committee of the Dauphin County Bar Association from 2003 until 2018, while the committee worked with the Court of Common Pleas of Dauphin County to adopt Local Rule 1001: Mediation and Local Rule 1018.1 which notifies litigants about mediation; privately mediated several protests pursuant to Section 63 P.S. Section 818.11 Mediation of Disputes Between Vehicle Manufacturers, Dealers and Salespersons; through the U.S. Postal Service mediation program, helped to resolve conflicts in employment matters; assisted in several mediation trainings over the past 20 years, and served as a guest lecturer at both Dickinson School of Law and Widener University School of Law; volunteer mediator with Neighborhood Dispute Settlement since 1993.

Mediation Advocacy: I have represented litigants in mediations and have also served as a mediation consultant to litigation counsel who have little experience with mediation, and with whom I have associated for the purpose of advising them through the mediation process, including selection of a mediator and how best to navigate the mediation sessions and issues, and to facilitate the mediation process.

Certifications: Panel mediator for Dauphin County Bar Association Civil Dispute Resolution Program; United States Postal Service REDRESS Program since 1998.

Training: My original training was with the Mennonite Conciliation Service in June of 1993, where I have returned on several occasions to assist with trainings over the past twenty years. U.S. Arbitration and Mediation training in 1994; U.S. Postal Service mediation training in 1998.


Education: Lafayette College, class of 1973; Dickinson School of Law, class of 1980.

Professional Associations: Dauphin County Bar Association, Pennsylvania Counsel of Mediators, and Pennsylvania Bar Association, including ADR Committee and the Collaborative Law Committee

Mediation Style: Facilitation of a conversation among the parties. Caucus as necessary and as requested by the parties and their attorneys. My philosophy is that if all the disputants are reasonable and if all the information concerning the dispute is fully disclosed to and by all the disputants, we can work together to find a mutually acceptable and tolerable resolution to the conflict which will provide the maximum amount of whatever is most important to each of the respective disputants while avoiding any unacceptable costs to any of the disputants

David L. Lutz
David L. Lutz Handler, Henning & Rosenberg, LLP

David Lutz is an established personal injury attorney in Pennsylvania. He is highly skilled at handling auto insurance litigation and bad faith claims. Mr. Lutz is a passionate and committed advocate for the injured. He has been recognized by The Best Lawyers in America as the 2013 Lawyer of the Year for Harrisburg in Personal Injury Litigation – Plaintiffs and regularly selected to the Pennsylvania Super Lawyers® list. In 2019, he was selected to Pennsylvania Top 100 Super Lawyers®. Mr. Lutz’s peers have also recently recognized him through selection to the Best Lawyers for Personal Injury Litigation – Plaintiffs. He has been included in each edition since 2006.

Mr. Lutz’s 2014 verdict on behalf of a wife whose husband was killed by a drunk driver totaled $2.5 million in a dram shop case (Estate of Kerlin v. MS & BS, Inc.). This verdict is listed among the Top PA Verdicts and Settlements for 2014. He also holds membership in the Million Dollar Advocates Forum®, a further statement of his success in and out of the courtroom.

Mr. Lutz served as the past president of the Pennsylvania Association for Justice and is a frequent lecturer and authored a number of books on automobile insurance laws over the years. A Pennsylvania native, he truly cares about assisting the clients that walk through our doors.

Licenses: Ohio | Pennsylvania | U.S. District Court Middle District of Pennsylvania | U.S. District Court Eastern District of Pennsylvania | Third Circuit Court of Appeals | U.S. District Court Western District

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