Marc Kutner Mediation
Experienced Attorney & Mediator
Less risk, more resolution.
With 40 years of experience as a civil trial attorney, I have been fortunate to work both sides of the aisle, prosecuting and defending lawsuits. I have served as lead trial counsel in dozens of jury trials in state and federal courts in Texas and Louisiana. Every trial carries risk for all parties—but it’s not the only path to resolution.
My goal as a mediator is to use my extensive experience to help clients resolve their disputes before incurring the unnecessary costs and risks associated with trying a lawsuit.
Areas of Practice
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Throughout my career as an attorney, I’ve litigated cases involving maritimes accidents & injuries, motor vehicle accidents, industrial accidents, chemical plant explosions, premises liability, oil & gas disputes, toxic torts, product liability, and medical malpractice. While I spent the majority of my career representing injured individuals, I also spent several years representing defendants including Protection & Indemnity Clubs, Underwriters at Lloyds of London, and large shipping companies such as Maersk, Seacor Marine, and Crowley.
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I have litigated construction disputes, securities and investment disputes, breach of contract claims, and insurance coverage disputes.
What is mediation?
Mediation is a voluntary alternative means of resolving disputes. It is a settlement conference in which the mediator is tasked with assisting the parties in negotiating an acceptable resolution to a lawsuit, or in some cases a dispute that has not yet precipitated the filing of a lawsuit.
As your mediator, it is my job to persuade the parties that there are arguments to be made for and against each litigant’s position. It is my job to help you understand the risk you face if you proceed to trial, and the arguments that are likely to be made against you, so that you can assess whether it makes sense to reach a mediated settlement that eliminates the risk of placing your fate in the hands of a jury of strangers.
My approach
It is not my job to pressure a party into agreeing to a settlement; that is not to be confused with avoiding difficult conversations when the facts or the law are not in a party’s favor. It is my goal to provide you with as much information as possible to make a well-reasoned decision as to whether there is a settlement available that is preferable to rolling the dice in a courtroom.
While most experienced lawyers and risk managers understand the risk of taking a case to trial, many clients do not. I have represented more than a few clients who did not believe they had any chance of an undesirable outcome at trial. It is my job to ensure that all parties who elect to employ me as their mediator understand that nothing is guaranteed when you ask a jury to hear your evidence and return a verdict.
Having mediated hundreds of lawsuits as a litigator, I know what makes for a successful mediation, and what techniques simply do not work. I am not a mere messenger relaying demands for settlement and the offers made in response.