Segment 1 – Kenneth Feinberg
On this edition of the Doug Noll Show, we have with us Kenneth Feinberg. Mr. Feinberg is a legend in the industry of law and mediation and a remarkable man. We are so pleased to have him with us.
Kenneth Feinberg received a Bachelor of Arts from the University of Massachusetts-Amherst in 1967 and a law degree from the New York University School of Law in 1970. He worked for five years as an administrative assistant and chief of staff for U.S. Senator Ted Kennedy and as a prosecutor for the U.S. Attorney General. Before founding his own firm The Feinberg Group (now Feinberg Rozen, LLP) in 1993, he was a founding partner at the Washington office of Kaye Scholer LLP.
Mr.Feinberg has served as Court-Appointed Special Settlement Master in cases including Agent Orange product liability litigation, Asbestos Personal Injury Litigation and DES Cases. Feinberg was also one of three arbitrators who determined the fair market value of the Zapruder film of the Kennedy assassination and was one of two arbitrators who determined the allocation of legal fees in the Holocaust slave labor litigation. He is a former Lecturer-in-Law at a number of U.S. law schools.
An attorney, specializing in mediation and alternative dispute resolution. Kenneth Feinberg was appointed Special Master of the U.S. government's September 11th Victim Compensation Fund and served as the Special Master for TARPExecutive Compensation, popularly called the "pay czar." Additionally, Mr. Feinberg recently served as the government-appointed administrator of the BP Deepwater Horizon Disaster Victim Compensation Fund. Mr. Feinberg was appointed by the Commonwealth of Massachusetts to administer the One Fund—the victim assistance fund established in the wake of the 2013 Boston Marathon bombings. Most recently, he was retained by General Motors to assist in their recall response.
Kenneth Feinberg share his journey with us in this segment of the Doug Noll Show.
Segment 2 - Negotiations and Settlements
In this segment, Doug and Ken discuss some of the cases Ken has been involved in and the way different companies handle claims and allegations. Some will go through the trial process. Others, like GM and BP, had a set amount set aside for the victims to be allocated.
Segment 3 - The emotional side of acting Mediator
From 9-11 to the BP Oil Spills to the Boston Marathon and other tragic events, Ken Feinberg has played an intricate role in helping the victims of these terrible events. As an, arbitrator, as a mediator or as a consultant you are bound hear the stories of the victim or the loved one of a victim that will bring the event to life. Many times, they want you to hear “their” story so that a face can be given to the tragedy. This is very difficult and can take a toll on the emotions of these professionals trying to help the victims. Ken feels the pain of his clients.
Ken and Doug also touch on legitimacy of the claims and how fraud is prevented. The only way to avoid fraudulent claims is to have organization of the claims being made. It’s important to have proof, interviews, etc before claims and settlements get paid. You must be very vigilant and Ken’s team is amazing at structuring this process and has been doing it for decades.
This segment is a tear jerker when Ken shares a story of a woman who lost her husband (a fire fighter) in the World Trade Center on 9-11.
Segment 4 - The future of mediation
In this segment, Doug and Ken discuss the future of mediators and the new up and comers. What does it take to be a mediator? What is the future of this field? This is a very fascinating segment.
To hear this amazing show, please click http://wsradio.com/052115-mediation-and-alternative-dispute-resolution-kenneth-feinberg/