The legal system is complex and can seem intimidating to the average person who doesn’t understand legal terms like “cross examination” or “adversary proceeding.” Mediation, however, doesn’t have to be one of those intimidating concepts. A mediation can be an important part of a lawsuit, as it can save you from having to go to trial, and it actually isn’t all that scary once you know the basics. Below, we’re answering some of the most common questions we get from clients about mediations. By the end of this blog, you’ll be ready to master your own mediation day!
What is a mediation?
A MEDIATION IS A SETTLEMENT CONFERENCE BETWEEN THE PARTIES, THEIR ATTORNEYS, AND A MEDIATOR. ALL OF THOSE PEOPLE GATHER TOGETHER AT A SINGLE OFFICE, OR ON A SINGLE ZOOM VIDEOCONFERENCE, TO DISCUSS THE CASE AND TRY TO REACH A SETTLEMENT.
Who is the mediator?
THE MEDIATOR IS AN ATTORNEY WHO USUALLY HAS A LOT EXPERIENCE LITIGATING CASES LIKE YOURS. HE ALSO HAS A LOT OF EXPERIENCE MEDIATING CASES TO ENCOURAGE PEOPLE TO REACH SETTLEMENTS.
Does the mediator work for me, or for the other side, like the insurance company?
NEITHER. THE MEDIATOR IS UNBIASED AND IMPARTIAL. HE WAS SELECTED BY THE ATTORNEYS FOR BOTH SIDES. HE DOES NOT FAVOR EITHER SIDE – HIS ONLY GOAL IS TO REACH A FINAL SETTLEMENT THAT ALL PARTIES CAN LIVE WITH.
Am I required to settle the case at the mediation? Can the mediator make us settle?
NO. A MEDIATION IS COMPLETELY, 100% VOLUNTARY. IF AT ANY POINT, EITHER SIDE DOES NOT LIKE HOW THINGS ARE GOING OR DOES NOT THINK THE OTHER SIDE WILL MAKE A REASONABLE SETTLEMENT OFFER, THEY ARE FREE TO LEAVE, ENDING THE MEDIATION.
How does the mediation work?
AT THE START OF THE MEDIATION, EVERYONE WILL BE IN THE SAME ROOM (PHYSICAL OR VIRTUAL). THE MEDIATOR INTRODUCES HIMSELF AND EVERYONE ATTENDING. THEN, THE ATTORNEYS MAKE BRIEF OPENING STATEMENTS ABOUT THE CASE. NEXT, THE PARTIES BREAK OUT INTO PRIVATE ROOMS WITH THEIR ATTORNEYS, WHERE YOU STAY FOR THE REST OF THE MEDIATION. THE MEDIATOR GOES BACK AND FORTH BETWEEN THE ROOMS, DISCUSSING THE CASE WITH THE PARTIES AND THEIR ATTORNEYS ONE AT A TIME, RELAYING SETTLEMENT OFFERS BACK AND FORTH.
What if I do not settle my case at mediation?
NO HARM DONE! WE WILL CONTINUE TO LITIGATE YOUR CASE (TAKE DEPOSITIONS, EXCHANGE DOCUMENTS, PREPARE FOR TRIAL, ETC.) IF A SETTLEMENT IS NOT REACHED AT MEDIATION.
If I don’t settle at mediation, do I still have a chance to settle later?
YES. EITHER PARTY CAN RE-START SETTLEMENT NEGOTIATIONS AT ANY TIME. IT IS FAIRLY COMMON FOR AN INITIAL MEDIATION TO BE UNSUCCESSFUL, TO THEN LATER REACH A SETTLEMENT AGREEMENT ONCE MORE FACTS ARE KNOWN AND MORE INVESTIGATION HAS BEEN COMPLETED.
What if I settle my case at mediation?
THE CASE IS ESSENTIALLY OVER. THE PARTIES WILL SIGN AN AGREEMENT AT THE END OF MEDIATION TO CONFIRM THE SETTLEMENT AMOUNT. IN THE FOLLOWING DAYS, THE ATTORNEYS WILL WORK TO FINALIZE A LARGER, MORE DETAILED SETTLEMENT AGREEMENT. THE INSURANCE COMPANY WILL ISSUE YOUR PAYMENT WITHIN THIRTY DAYS.
Congrats! You now understand the basics of a mediation! But remember, the last and most important part of a successful mediation is having the right attorney on your side fighting for you. Here at Chaz Roberts Law, we’ve helped our clients navigate numerous mediations and have achieved some excellent results! If you have been inovolved in an accident or are considering a lawsuit of any kind, call or text us today at 337-504-3202 or shoot us a DM on your favorite social media platform for your free, completely confidential consultation. Interested in reading more helpful blog posts? Check out our last blog post here about how social media can hurt your case.
