Litigation – Part 3 Mediation

Now that the defense attorney has taken your deposition and we’ve exchanged information with them, the next step is Mediation. Mediation is where most cases in the litigation process are resolved. This is the step in the litigation process where your attorney does all of the talking – and negotiating – on your behalf.  Your attorney and the opposing attorney will discuss the various elements of the case and attempt to reach a settlement fair to you and one the insurance company or other defendants will agree to.

At the mediation meeting, your attorney and the defense attorney, a representative of the insurance company, and an individual called the Mediator will discuss the merits of the case. The Mediator is Supreme Court certified who studied to me a mediator and is certified as a mediator.  He or she will listen to what’s called opening comments about the case. Our office and one of our attorneys will present your case. Then the defense attorney discusses what they believe the strengths of their case might be. After these opening comments, we will meet privately with the Mediator, and the Mediator will then meet privately with the defense attorney and a representative of the insurance company.

I often tell our clients the mediation process, unfortunately, is like buying a car. What do I mean by that? We will tell the Mediator how much money we would like to settle the case for. He takes that information to the defense attorney and the insurance company representative. They make a counter offer. We then go back and forth until we reach resolution for you and your case.

Are you considering litigation?  Give us a call at 800-332-1992.  We’ll talk to you about your case, and what your options are.  That way you can make an educated decision about what to do next.

Next, we will explore what happens if a negotiated settlement can’t be reached and the case goes to trial. Be sure to subscribe to our podcasts on iTunes.