By David Peel
Well, the important thing to understand is, it’s not a court proceeding. You are generally with your attorney in a room for that day. The mediator will come in and out of the room as required to assist in settling the case. And if cases don’t settle, often he can at least clarify the issues that still require more proof or ultimately that need to be decided in a trial. You do not have to dress overly formally, just business casual is fine.
One of the main benefits of a mediation, whether it settles a case, or not, is hearing from an objective third-party mediator, who can give you the strengths and weaknesses of your case from a fresh perspective.
Mediators are usually quite experienced attorneys. Many of the most successful ones have done quite a bit of work for insurance companies and understand the unique needs and concerns of an insurance attorney. The sad truth is that many attorneys, representing negligent drivers, who are paid by the insurance companies don’t really have a lot of pull anymore with the adjusters. Recently, an insurance attorney explained that he had decades of experience, but was still being instructed by a lady working from home, who has an associate’s degree, and has never set foot in a court room.
In many of our local divisions, mediation is almost required prior to trial, unless it is deemed entirely unhelpful. The rate of successful settlement varies, of course, depending on who you speak to and the kind of case, but it is universally acknowledged to be over 90% successful at resolving cases. This will be an important too, because we already were facing a good backlog of cases prior to the Covid shutdowns.
It won’t be discussed by a mediator, most likely, but the reason mediation is successful, is because it is a Biblical concept. Scripture indicates that if you have a dispute with someone you go to them privately. And if that doesn’t work, then you bring someone that you both respect. That is kind of the role of the mediator in these sorts of cases.
Peel seeks justice for those injured in tractor trailer and car accidents, medical malpractice, and disability. He often addresses churches, clubs and groups without charge. Peel may be reached through PeelLawFirm.com wherein other articles may be accessed.
