Mediation is a negotiation involving the use of a neutral intermediary. Mediation is voluntary. Both sides must agree to pursue mediation (implying both sides are interested in settling) and both sides must agree to a resolution in mediation. In other words, you won’t be forced to take their offer and the defense cannot be forced to meet our demand. Typically, settlement occurs somewhere in the middle.
Role and Importance of the Mediator
The neutral intermediary is referred to as the mediator. While the mediator will assist in resolving the dispute, he or she is not a decision-maker. The mediator is typically a retired judge or an attorney with significant experience in getting cases settled. Both sides have agreed to the use of this particular mediator out of respect for their knowledge and experience. It is important to listen and carefully consider the insight they offer. Their goal is to facilitate discussion by evaluating the arguments and the evidence while highlighting the strengths and weaknesses in each side’s case. Everything disclosed and discussed in the context of mediation is confidential.
Mediation: Cost-Effective, Faster Settlements
In mediation, costs are split evenly and usually range from $400 to $2500 per side. Because the costs are low, a settlement can be reached at mediation for a lesser amount than would be required at trial (where costs can easily exceed $10K or more depending on the type of case) to result in a similar amount of money in your pocket. Mediation eliminates the risk of a jury, whose judgment can be difficult to predict. It also provides a faster conclusion to the case. If the parties agree to settle, a check is made available usually within a couple weeks. Trial will take much longer, involve significant costs, and even when judgment is rendered, the parties may appeal an award to a higher court. Again, these unknowns should make both sides cautious. The above considerations are relevant to both sides, as the plaintiff and defense must consider the costs and rewards of either route.
Preparing for Mediation Day
On the day of mediation you should be prepared to discuss your pain and injuries and how your life has been impacted as a result of the traumatic event. Dress neatly/conservatively and do your best to remain patient, polite and calm. It can be a very long day and you may want to bring something to keep you occupied during the downtime – a book, tablet, magazine, etc. Light snacks and beverages are almost always provided.
