Sean Brown - mediation specialist
Mediator & Litigator

SEAN A. BROWN

Partner, Flaherty McCarthy LLP

I have had the honour of being a practicing lawyer for more than 20 years.  While I love my litigation practice and will continue my work as an active litigator, I also see the opportunity to assist my peers in the resolution of their claims.

For two decades, my practice has focused on motor vehicle accident tort claims, statutory accident benefits, property losses, subrogated claims and related insurance disputes.  I have also developed a very busy and successful Class Proceeding practice with a focus on consumer protection issues.

To my peers in the Plaintiff Bar, I have done my share of plaintiff-side work and understand the challenges you face when dealing with your clients.   More important, I understand the insurer’s approach, both counsel and adjuster, and I can draw upon that experience when mediating for your client.  There are many good mediators out there, but often I find that they do not challenge defence counsel and their client during caucus.  They do not ask them to defend positions or explain how they intend to successfully make their arguments at trial.  They do not ask the “What if this happens?” questions that would require your opponent to re-examine their position and possibly realize that it is not bulletproof.  I intend to challenge the defendant because that is an important way to achieve resolution.

To my peers in the Defence Bar, I have a keen understanding of the challenges you face and the demands placed upon you by adjusters, who themselves are under pressure to perform.  I can help you ensure that the plaintiff knows the case he or she will face at trial, including the many challenges in getting to trial and then succeeding.  Leave it to me to impress upon the plaintiff the hurdles to overcome to achieve even moderate success before a trier of fact, always in an effort to facilitate a settlement on terms that both sides find equally acceptable.

To the members of the insurance community, you should want your mediator to have years of litigation experience, a firm understanding of the law and the realities of modern litigation, as well as some ‘grey hair’.

In short, I can help you resolve your claims, quickly and amicably, while offering you a productive environment to do what you do best, advocate.