Mediation

In claims involving serious injury or death the insurer will delay making its best offer until suit is filed and extensive written discovery and oral depositions are completed. In just about every personal injury lawsuit the court will order the parties to attend a mediation conference before trial. Unlike arbitrators, mediators have no power decide the case or force a settlement. Instead the mediator will try to persuade both sides to compromise. A typical mediation consists of a short opening session with each side stating its position, then three or four hours with the two sides in separate rooms while the mediator goes back and forth from room to room. Many cases settle in mediation. Success in mediation depends on thorough preparation by you and your lawyer, the persuasive skills of the mediator and a reasonable evaluation by the insurer.