I recently had the pleasure of mediating a nursing home death case with Richard M. Strauss, Esq. acting as the mediator. Though Richard's background is defense oriented, surprisingly, he was recommended to me by an attorney in Massachusetts who devotes his practice to representing plaintiffs in nursing home cases and has an outstanding representation in this field. The defense counsel, who devotes a substantial part of his practice to defending nursing homes, had experience with Richard and readily agreed to have him be the mediator.
I have been a trial for nearly forty years and my practice is devoted mainly to representing plaintiffs in personal injury cases. During that time, I learned that the most important skills to have in any case are the abilities to prepare thoroughly and completely and to focus on the major issues.
I found Richard to be one of the most prepared attorneys I had ever encountered. Both sides submitted significant packages containing medical records and medical opinions. In many instances, these records were complex and in some cases difficult to decipher. Richard not only read and understood the records, but he also showed an uncanny ability to select and point out those which would be critical for each party.
The most unique part of the process occurred at the very beginning of the mediation. Before counsel for either party spoke, Richard met separately with my clients and me and using detailed notes he had prepared, explained not only the strengths, but the weaknesses of our case. He did this professionally, yet cordially. My clients could see he was sensitive to their concerns, but objective nonetheless. This approach eliminated the posturing and hostility that is created when counsel for the parties make opening statements which are often contentious.
I was equally impressed with Richard's understanding of what was really important and what would or would not appeal to a jury. More importantly, I was impressed with his understanding of the true "value" of our case.
We were able to settle the case at mediation and my clients told me that this was in large part due to Richard's efforts. In addition to his knowledge and preparation, he presented himself as articulate, sincere and understanding. My clients were unsophisticated and yet after discussing the case thoroughly with Richard, they were able to trust his judgement as well as understand what they faced. This enabled them to make a well informed decision. One of my clients even told Richard at the end he thought he was a "great man".
I could not be more enthusiastic about recommending Richard Strauss as a mediator.