YEARS OF INJURY
5/5 STAR REVIEWS
5/5 STAR REVIEWS
Mediation is 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.
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.
Prior to mediation, both sides will submit a written summary of the facts and issues in a particular case. We may also provide background materials, including medical records, a police report, declarations of potential witnesses, evidence of wage loss, and any additional documentation that will assist the mediator in understanding the case. The mediation will often occur at the office of the mediator. Each party is usually present with their attorney. The insurance adjuster from the defendant’s insurance company may also be present. He or she may wish to meet you, so it is important to dress appropriately. The parties are typically seated in separate rooms, with the mediator going back and forth between rooms. He or she will be pointing out the weaknesses in the case. Don’t get discouraged as he/she is doing the same thing in the other room. We have to understand and not be afraid of these weaknesses, because every case has them. We will also discuss the strengths of our case from our perspective. At some point, the mediator will begin to convey settlement offers back and forth, and don’t be shocked or upset when the first offer is low. Ours will start high, and then we both gradually work toward the middle. Insurance companies have to make business decisions and this is nothing personal. Their goal is simply to pay out as little as possible.
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.
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.
Cases would always settle if the defense were willing to offer an amount sufficient and fair to compensate the plaintiff for damages suffered. Most cases do settle, because the defense eventually offers an amount that you, the plaintiff, are willing to accept in light of the risks and costs of going forward. If we are able to reach a settlement at mediation, the settlement will be recorded in an enforceable contract. But even when the parties are unable to compromise and reach a settlement at mediation, there is always a chance that the case could still settle any time prior to trial. And if the case proceeds to trial, mediation is a useful exercise is discussing weaknesses and strengths in the case with a neutral, experienced mediator, as well as uncovering what the defense deems their strongest arguments.
Did a great job in handling my case. Quick and professional. Communicated with me every step of the way and the end result was more than expected. I highly reccomend and am forever grateful.
Gracias por su amable atencion estoy muy satisfecha con los servicios de ustedes los recomiendo estube en las mejores manos muchas gracias ppr preucuparce de mi y de mi hija lucharon por lo justo gracias avogados por luchar por los derechos de las personas
Very thankful to Park Chenaur for handling my case quickly and efficiently. Very compassionate team. They make sure you are comfortable and educated in your options and work hard to get you the results you deserve. My case manager Mitchel was great and helped me really understand my options and each step of the process.
I was 8n a car accident in January of 2017. The first call I made was to these guys… they where awsome Lola came to my house and got started right away. They maintained contact with me and kept me informed via email and phone.. I received the medical care I needed and they fought to get that reimbursement. . And after everything I feel I got a fair deal. I highly recommend them. Also liandra is very kind and helpful…Thank you guys so much
My boyfriend and i worked with Mr. Pustzai on a car accident case. Working with him and his team was nothing short of amazing. They were there for us every step of the way, from the incident until the final court days and beyond that. I have always been able to reach out to Vita and Mr.Pustzai with any questions and get a quick response. They show empathy and are personable as well as very professional! Thank you so much for your work.
Mr. Park was understanding, extraordinarily competent, and hard working. His advice and guidance every step of the way was invaluable and extremely helpful. He was always very easy to reach by phone or email, kept me updated on all aspects of the case and succeeded in getting me a fair and generous settlement.
When you talk with them they are able to walk you through your case step-by-step, and they are able to make you understand each and every aspect of your case.
They handled my case very professionally. They were always very helpful, always available, very kind and great to work with. I felt like I was treated like family.
They just made me feel really secure that they were going to do their best and they were going to fight for me. It just felt nice to have someone care enough to want to do that for us.
My wife and son were in a collision in February, Mitchell was amazing. He made our family feel very cared for and took care of everything for us. A very competent and professional person. If I ever have any issues again I know the first place I’m going. Thanks Mitchell
My case recently closed and I am glad to have worked with Mitchel Pinedo during the entire process. I did not know how to deal with this situation as I had never been in a car accident before. I was not well health wise and neither was my mother. I lost my car as it was totaled and I was not at fault. Mitchel handled the case and exceeded all expectations. He kept me updated and answered all of my questions. Mitchel is very professional and was always punctual to our meetings. I highly recommend you to see Mitchel if you are in need of a great lawyer.
I first worked with Kimberly Yoon about 10 years ago for an auto accident case. Though I had no knowledge of legal procedures, she was so patient and sincerely empathetic. So when I was involved in another auto accident, I knew she was the best person to call. Her level of experience and client care exceeded my expectations. Her assistant, Michael, is just as caring and quick to follow up as she is. Thank you very much for eliminating much of the stress that follows an accident and ensuring that your client gets the best care!
Park Chenaur is the best! I’ve been referring people to Kimberly Yoon for the last three years because she’s amazing! She works hard to get you the best possible outcome for your case and really makes you feel great as a client. My mom was in a auto accident last year and Kimberly was able to get her well above what we were expecting. Thanks again Kim & Park Chenaur!
My mother and I worked with Mitchel Pinedo after our car accident and all I can say is he’s truly wonderful. He made the entire process easy to understand and was extremely helpful. It was our first time seeking out a lawyer and having him help us from start to finish made the whole experience much better and stress free.
I have had a positive experience and will continue to recommended to friends and family. I could not have asked for a better firm or attorney for not one but several cases. Park Chenaur & Associates are honest, courteous, friendly, knowledgeable, and have been very important and good to me for several years. I highly recommend!
Very happy with the end result. Never thought I would get a million. Great friendly hard working people. Thanks again.