Mediation is becoming a common practice and is one that can be of significant benefit to the client. Mediation involves an impartial person (usually with significant trial experience) listening to both parties and helping them reach an agreed settlement. It is not binding and either party can walk away from the negotiations at any time. The primary reasons mediation is good for a personal injury clients is that it gives the client an opportunity to present their case and air their grievance, it minimizes the risk of a trial, it is less expensive than a trial, it is less stressful than a trial and if successful, it permits the client to achieve satisfaction more quickly. It is even better when your case is filed in a conservative venue, particularly for slip and fall or automobile cases. Mediation does not always work but I believe it is almost always worth trying.
Most defense attorneys will not come to the mediation in bad faith because their client is going to be paying for the mediator’s time (the bill is split between the parties). If the mediation is Court ordered this is a slightly trickier proposition. Some tips for a successful mediation include preparing appropriately. It is critical to attend with nearly as much knowledge and comfort as you would attend trial. The negotiations will be much more successful if your attorney can present a strong case to the mediator and through him the defendant. You will impress the mediator and if you and your attorney are able to respond to questions and arguments with reference to the records, your experts and if necessary, case law. It is important to use a mediator who has a reputation for understanding the law and getting the job done. It is not nearly as important whether he or she used to be on the plaintiff’s side or the defense side- it is important that he or she brings credibility with both sides, the ability to understand and analyze the law and the intention to resolve the case that day.
