What do you need to know about Mediation? First it is the best opportunity to settle your case before going to trial, but the goal of mediation is NOT to settle your case. The goal is to find out the most money the defendant is willing to offer to settle the case. Once we have achieved that goal, we can decide whether to settle the case at mediation.

The mediator is not a judge, they will not make any determinations and have no authority to decide anything in the case. The mediator’s job is to help both sides negotiate. The mediation will start with everyone in the same room at a conference table, you will be there with your lawyer and defense counsel will be present with the insurance adjuster and sometimes the defendant. The mediator will start with opening comments explaining that mediation is required before you go to Court and that everything is confidential, nothing that is discussed or shared in mediation can be used at trial. A jury will never know what either side offered to settle the case. We will make a brief opening statement explaining our case, the facts and the arguments we believe will be persuasive to a jury. Defense counsel will the have an opportunity to present their side of the case. They will always say “This is the only time that I will have the opportunity to speak directly to you about your case. Consider the opening statement of defense counsel an opportunity, the opportunity to hear the case from the other perspective. Be attentive but respectful during their opening statement. Don’t react to anything they say, even if it is completely false or even insulting. They are taking notice of how you react to judge how you would react at trial if the case goes forward.

After both sides have given their opening statements, we will adjourn to separate rooms and the mediator will take turns speaking to each side and conveying offers and positions from both sides. Don’t read too much into opening offers or how much or how little the offers increase as the mediator negotiates between the parties. Remember the goal, to find out the top number they are willing to offer. We will have plenty of time to discuss each of the offers, with and without the mediator, before we make a counteroffer. You should expect that the mediation will take at least a half day and can sometimes last longer if we are making progress towards the goal. You are under no obligation to speak during the mediation to anyone other than your lawyer and there is no obligation to settle. That being said, most cases resolve before or at mediation and it provides you the opportunity to decide the outcome of your case rather than leaving it up to an unpredictable jury.