Maximize Value and Get to the Heart of Your Case
A mediation documentary is a short film designed to maximize the value of a catastrophic injury or death case by moving hearts and minds. We interview your clients, discuss how tragedy has impacted their family, and edit a short, powerful presentation to supplement your demand package or mediation settlement presentation. In just a few minutes, the video makes the stakes real by sharing your client’s story in their own words.
The Camera Opens Everyone Up
“It seemed like speaking on camera opened everyone up to saying things and talking about the case in ways I’d never heard them talk about it before,” says attorney C. Todd Smith. When we first started recording mediation documentaries, we feared people would feel uncomfortable talking on camera. We quickly learned that people in pain are waiting for the opportunity to talk. I believe most people feel they’re burdening others when they talk about their trauma, so they hold back. When we start our cameras, we give them permission to say everything they feel, and the results are frequently heartbreaking and surprisingly inspirational.
Getting Them Into an Emotional State
Trial attorney Chris Waggener says, “He asked questions that got them into that headspace–got them into that emotional state–and he kept them there for as long as we needed them there.” Talking to people who have suffered a catastrophic loss is difficult. We’ve learned that people in grief don’t want sympathy; they just want to be heard and taken seriously. When we ask direct, respectful questions, clients often give powerful, candid answers—statements that not only capture the truth of their story but also shape an effective final presentation.
Empowering Your Client
“That opportunity really gives the clients a feeling that they’ve done something active in their case,” says attorney Jim Myers. “Otherwise, they might feel like they’re on the sidelines for a long period of time.” We know the justice process moves slowly, but it’s difficult for the clients to understand why. Often we record our videos during a time in the case where it feels to the client that nothing is happening—after the initial investigations or during the discovery process. Participating in a mediation documentary lets the client know that important work is underway and that they get to be a part of that process.
Strengthening the Attorney-Client Bond
Attorney Brian Mickelsen says, “You need to be able to tell their story through their family members, and the only way you’re going to be able to do that is if you truly know them.” It is difficult to “truly know” clients through phone calls and office visits. We spend hours with clients—in their homes, at work, or wherever they feel most at ease. How they live tells you what they value. What they need. What they’ve lost. You also learn more about what you can do to help them get through the difficult time between filing a claim and resolving a case. The trust you build pays off when the time comes to make difficult decisions about accepting settlement offers or going to trial.
Resonating in Defense Attorneys’ Minds
“I have heard from defense attorneys who viewed videos that we have done that it was impactful,” attorney Jim Myers says. “The idea that a person who is buried in many, many different files from around the country, I feel like if they’ve had the opportunity to see a video, that case is going to resonate in their mind as being significant.” Jim knows this because he began his legal career as a defense attorney. So did Chris Waggener. “You’re in this business long enough, you get cynical,” Chris says. “You’re just looking at medical records and pictures. That’s why we wanted to use the video. I knew that videos help. They can be the difference maker.”
Maximizing the Value of Your Case
We’ve been able to use mediation documentaries to help achieve multi-million dollar settlements—before filing a lawsuit. After a pre-suit settlement, one defendant asked for our permission to use the video in an internal presentation to improve safety in their organization. Attorney Chuck Clay asks many of his clients in catastrophic injury cases to participate in a video. If they ask why, he tells them, “Because it will add a million dollars to the value of your case.”
Let’s maximize the value of your case. Give me a call or send me an email, and we’ll get to work.
Shawn Vincent
407-863-1491
shawn@vmlitigation.com