What is Mediation in Personal Injury law suits?

Mediation is when the parties to a civil law suit agree to essentially a settlement conference. They typically agree to hire a Mediator who is trained to get the two sides to hash out their differences to try to settle the law suit. A Mediaton is usually "non-binding". This means that the Mediator is simply making suggestions and recommendations to the parties. Either side can refuse to agree and the case is then not resolved. However, the fact that both sides agree to a Mediation and mutually select a Mediator means that each is obviously interested in trying to get the case done. The factors include reducing the risks of an uncertain result at trial and the often expensive costs of litigation (expert witnesses, depositions, etc). Mediators will typically charge according to a set hourly rate and they will need to review documents in the case as well as some type of Memo or Brief from the parties outlining the case. Still, the Mediator's costs will be less than what most cases will cost to go trough a full trial.

I have found Mediations to be an effective way to solve disputes and litigation. The ultimate goal as a personal injury litigation lawyer is to solve my clients' problems while achieving the best result possible. Often, giving the clients an opportunity to test their case in front of a good mediator is very effective. There are times when it is not, such as when an insurance company is not willing to commit to a fair Mediator or when the two sides are too far apart to make a Mediation work. In my personal experience, Mediations have resulted in a settlement about 70% of the time. Sometimes you leave the actual Mediation without a settlement agreement, but follow up with the Mediator does achieve and agreement. Another key is that you need to have the case prepared for trial. There is no substitute for lining up witnesses, taking the depositions of the key personnel of a corporate defendant and obtaining expert reports from treating doctors and qualified liability experts. Litigation and law suits are like a sport, one in which preparation is critical.