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An important part of any litigation process for personal injury cases is mediation. This is the court’s way of getting the two sides together to see if they can voluntarily settle your case. Oftentimes there is a judge involved in mediation but the judge is not wearing his judge’s hat, he’s wearing his mediator hat. The judge is not going to make a decision about your case. Sometimes mediation can also be done by an experienced attorney.
When I conduct a mediation, I typically will not give a lengthy opening statement. I find that that’s not helpful to getting the case settled. It may be at a courthouse and it may be at a lawyer’s office, typically it’s at a conference room. It’s not in a courtroom and it differs in that it is not as formal as a trial. There are no rules of evidence. It’s supposed to be an informal process of settling your case. What I tell people is that mediation is more similar to shuttle diplomacy. So typically the two sides will be separated early on. They’ll be put in separate rooms, they won’t be able to see each other or have much interaction. The mediator will shuttle between the two parties and carry messages, settlement offers, demands, between the two parties.
Settlements and mediation are important because when you settle a case, you’re taking the decision about your life and important decision in your own hands and you’re not leaving it up to a group of strangers in a jury box to decide your fate for you. What should you do to get ready for a mediation? Well, you should get plenty of sleep the night before, talk to your lawyer if you’re anxious about it. Usually you’ll have a discussion with your lawyer about the settlement value about the case and where you want to start off with the negotiating process and your lawyer will get you prepared for a mediation.
So, if you get a call from your lawyer and your lawyer says “The courts ordered us to mediate” or “the lawyer is suggesting that you’ll voluntarily mediate your case,” there is nothing to be afraid of. It’s a positive development in the case because it’s a very good opportunity for you to settle or resolve your case without the risk of a trial.
Even if you’re unsuccessful, it’s going to be beneficial for your case because you’re going to learn things about the other party’s case or your case that you might not have been aware of and it’s going to help you prepare for trial even if it’s an unsuccessful mediation. Here at Malloy Law Offices, LLC, our attorneys have many years of experience when it comes to mediation. We are always there for our clients to ease their mind. If you would like to see how our lawyers handle these case, click here to view more. Call (888) 607-8690 for a free consultation.