ADR Systems’ longest serving mediator and arbitrator, Hon. Thomas P. Durkin, (Ret), successfully mediated the insurance aspects of class actions that the parties never thought would settle. The mediation involved class actions in many different districts of the country, joined by Multidistrict Litigation Rules in Charleston, South Carolina. There were tens of thousands of claimants who were involved. Judge Durkin deftly handled the mediation of insurance coverage issues, and helped the parties achieve a settlement in a one-day mediation.
The mediation focused on which of the insurance carriers had to pay for the class action suits. Previous mediations had failed. Parties were losing their faith that a settlement could be reached.
Although the insurance coverage issues were complex, involving stacking of insurance policies and policy exhaustion, the parties agreed to mediate once more, and selected Judge Durkin. “I take a holistic approach to every mediation,” says Judge Durkin. “Each mediation is different. You must adapt to the needs and interests of the parties at the time of the mediation.”
According to Judge Durkin, the mediation made positive, incremental progress throughout the day until late in the day when progress slowed. “When progress slows in a mediation, I often suggest that the parties look at the situation from the opposite point of view. I did that in this mediation and it worked. By looking at the situation from a different point of view, the parties gained a new perspective and reached a settlement.”
Judge Durkin is known for his keen intellect and ability to resolve even the most complicated matters. He has extensive experience in complex, multi-party commercial matters, contract, insurance, class action, construction real estate, family law, and personal injury disputes. Parties appreciate his thoughtful and detail-oriented approach to the dispute resolution process.
To view Judge Durkin’s full bio, click here.
To check Judge Durkin’s availability, click here.
At ADR Systems, It’s Settled.™