Mediation Attorneys

Many personal injury cases will result in mediation. Personal injury mediation attorneys and individuals may voluntarily submit cases to mediation, or a judge may institute mediation. Mediation is an attempt to settle a legal dispute with the assistance of a third-party mediator, who works to bring two disputing parties to an agreement that is acceptable to both parties. In a personal injury case, your personal injury attorney, the opposing attorney, a representative from the defendant’s insurance company, and a mediator may meet to settle the case.

What Is Personal Injury Mediation?

Mediation is often a useful and successful means of settling a dispute between parties. However, when mediation fails, it is often simply because the plaintiff isn’t properly prepared for what to expect from the process. A few things that can be expected at these proceeding are:

• An opening statement by the opposing attorney that will protest your opinion and view of the facts and the value of the case. This should not take you by surprise, most mediations start with a dispute or there would be no need for mediation.
• Offers from the defense that seem low. Initial offers generally start low, maybe even offensively low. It is in your best interest to stick with mediation as it often results in a compromise that both parties are satisfied with.
• Unfamiliar verbiage used in the process. Your attorney will understand and explain many of the terms to you such as “bracketed offers” and “caucusing.”
• A mediation that takes many hours. Getting both sides to come to a reasonable agreement can be difficult, but it is worth it.
• Caucusing: Mediation usually begins with both parties meeting in the same room to outline the case. This is called a joint session. Then the parties will meet in separate rooms and the mediator will go back and forth between rooms with offers, information, and demands. This is called “caucusing”. If the mediator seems to be spending more time with the other side, relax, it usually is an indication that he or she is trying to sway the second party closer to your mindset.
• Compromise. Compromise is the name of the game in mediation, and expecting to get all of your demands met is unrealistic. The point of mediation is to come to a conclusion that both parties can live with.

Florida Personal Injury & Mediation Lawyers

If you have been injured, the Gainesville, FL, personal injury attorneys at Warner, Sechrest & Butts, P.A. can help you protect your rights and interests through the proceedings. Please call us for a free injury consultation.