Triad Business Daily

What happens during the mediation process of an auto injury claim?

Auto accident. Injuries and filed suit. Depositions. Now an appointment for mediation prior to trial date. What happens during this process?

Public Comments

1. The mediator is an impartial person who assists the parties in reaching a decision. If the mediation is not sucessful, the case will go to trial. The parties involved in the accident may not even be required to attend.
2. It is an informal process. Both sides pick a mediator. Both sides present their cases, usually over a table in a conference room. The plaintiff states his demand and gives reasons for the demand. The defendant either denies liability or makes an offer with the reason for the offer. Maybe the two sides work out an agreement. Mediation is not binding on either party.
3. It's like the Price is Right's High-Low game. It's not binding like arbitration. Plaintiff goes in with a high number, the defense goes in with a low one, and they kick back and forth to see if they can come up with a middle ground they can live with. Cost of litigation and the certainty of getting something ("one in the hand is worth two in the bush") all go into it. It's good if both people go to the table with an idea of the worth of their cases and the cost of litigation.
4. Both sides agree on a mediator. Then they meet - starts in the same room. Each side says a little about their case. Then they are separated. The mediator goes from one room to the other between the two parties. The mediator is trying to point out the weakness in each side's case and get them to agree on a settlement figure. Each side pays their own cost and 1/2 of the mediator. Usually the mediator is another attorney or retired judge. It's not uncommon for an attorney who has had a long and distinguished career to retire and just act as a mediator.