Oct. 17, 2013
Scott S. Markus
See more on Scott S. MarkusAgreement.com San Diego Specialty: complex litigation
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Markus said he has seen an increase in consumer class actions in his practice, some of which have involved eight-figure settlements. He has also handled seven-figure medical malpractice cases.
Over time Markus has deviated from the standard mediation schedule, conducting pre-negotiation phone calls with each attorney involved and continuing to work after mediation sessions end.
"I've created my own problem because people who work with me on a regular basis don't care if it resolves on the day of mediation because they have an expectation that I'll follow up," he said.
Markus said he was also starting to see the effects of budget cuts in the California court system. He originally expected to see an uptick in mediations, but litigants who expect to eventually lose money are actually enjoying the delays in the process and aren't in a rush to make a deal.
"If you're on the side of the case where at the end of the day you're going to have to pay money, ultimately delaying that day has some benefit to you."
- Joshua Sebold
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