Injury Mediation

We mediate all types of injury cases including but not limited to:

  • Automobile Accidents

  • Slip and Fall

  • Medical Malpractice

  • Product Liability

  • Premise Liability

Mediation is oftentimes the first opportunity where all parties can meaningfully sit down and discuss the case in an attempt to reach a settlement through negotiation.  While mediation is usually productive, mediation can fail if the expectations are not properly set.  If you have an attorney, they should prepare you by explaining what happens at mediation. Here are just a few things to expect in an injury mediation:

  • Expect the mediator to be neutral and not to favor either side.  As neutrals, we have no interest in the outcome of the case with no "dog in the fight" so to speak.  Our goal is to find common ground and address concerns of the parties. 

  • Expect to hear statements that you disagree with.  During the opening statement, each party presents a summary of the issues from their perspective.  This is sometimes eye opening because it's usually the first time you get to hear the opposing party's "version" of the facts.  Throughout the mediation, each side may make statements or point out weaknesses of the other party's case.  Be prepared to hear these, but don't lose focus on the goal. 

  • Expect the opening offers to be very far apart.  The first offers are rarely the last so don't shut down after the first numbers are presented.  Parties typically leave themselves room to negotiate and understand that the other party may do the same. 

  • Expect to negotiate and compromise.  Mediation involves a "process" of negotiation and compromise; therefore you have to be willing to "work the process" and see it through to the end.  A good resolution is one where neither party received what they expected to receive. 

  • Expect the mediation to be lengthy.  Resolution is not usually quick.  Be prepared to be in mediation for several hours depending on the complexity of the case.  Cases involving multiple issues or multiple parties may take more than one session over several days.

 

Mediation is a “give and take” process that allows you to maximize the rewards and minimize the risks through a negotiated settlement. Without some compromise, you can expect the case to end in court where you loose control of the outcome.