Words to a Country Song

Allen Schreiber • May 31, 2022
Playing the guitar

Decades ago, my good friend (and then law partner) Jim Gray and I were giving a seminar for a group of insurance adjusters at AIG’s offices in New York City. Jim was explaining Alabama’s unique law on joint and several liability and the current law of no contribution among joint tortfeasors.


A participant asked, “You keep using the word ‘heat’ to describe punitive damages. What is ‘heat’?” Without hesitation, Jim quipped, “If the facts of a case make up the words to a good country song — like lying, cheating, drinking —then that is ‘heat’.” The room erupted in laughter.

During a recent mediation, I used this story. The lawsuit we were mediating was filed in a conservative venue, but there were definitely some country music lyrics in the case facts. Our discussions, along with some other important discoveries on both sides, led us to a resolution several days later.


I am not sure whether the story I relayed made any difference, but the point I want to share is just how valuable the mediation process was to a resolution.


The parties in a mediated dispute have an opportunity to discuss freely with each other their case’s settlement value. The mediation rules are established with strict confidentiality, which allows each side to exchange information openly, giving them the best possible chance to reach a compromise.


Lloyd, Gray, Whitehead and Monroe, P.C., recently celebrated together Jim's successful and accomplished career as he announced his retirement. Jimmy and his wife Shaun have been amazing friends of ours for over 30 years. If you know Jimmy, reach out and wish him the best for his future retirement plans.

Schedule your next ADR session via our convenient online calendar, or call Carol Waldrop at 855-754-8807.