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how each side can assist the other with informal disclosures of documents andinsurance information in an attempt to expedite resolution, or at least plan for it. 19While there is some risk that these overtures could be interpreted as signs of worry orweakness, this risk is low if your legal team is respected and has a reputation fordefending difficult cases. Even if the meetings do not materially advance the balltowards settlement, they are never a waste of time. You will at least learn somethingimportant about the facts and the other side’s perspective. You will be able to get a feelfor the strengths, weaknesses, and reasonableness of the other attorneys and theirclients. At the very least, you will have “broken the ice” with the other parties – bothplaintiffs and codefendants – and hopefully enhanced your credibility. This will lead tosmoother and more efficient dealings later in the litigation or at mediation (when thingsget more heated).In the case discussed above, early meetings with the plaintiffs’ attorneys, and also withother defense attorneys and insurance professionals, allowed Company X to lay helpfulgroundwork for a joint defense, and this also assisted future settlement negotiationswhere representations and credibility were in play.B. Locking Down Your MediatorAs with expert witnesses, the skillfulness of mediators varies greatly, and there are fewneutrals with significant experience in shepherding catastrophic cases to resolution. It19 See Rule 408, Federal Rules of Evidence (2014), Compromise Offers and Negotiations. This Rule andits state equivalents are routinely used as “cover” for plaintiffs’ and defense attorneys – and theirclients and carriers – to have more frank conversations and information exchanges early in a lawsuit.