All Questions

October 20, 2021 | Gary Burger

What's A Mediation? And How do I Prepare for One?

Mediation is the process in which a neutral third party, called a mediator, meets with both sides of a civil claim and facilitates the resolution of their legal dispute.

Mediation can often be very successful in settling cases, but the process is voluntary, and neither party is obligated to accept an offer or demand during the mediation. A mediator will help assess the risks involved and offer strategies for coming up with a mutually agreed-upon number.

Here's our step by step of how our office prepares for a mediation.

  • Schedule Mediation- via Zoom for now or in conference rooms designated by mediator. Scheduling means you clear with client and attorney handling mediation and other side. Most mediators schedule on their websites and have available dates on there. Whether and when to mediate should be a decision by attorney and client.
  • At the time of scheduling, send the below pre-mediation email and provide the client with the mediation date, as well as any other upcoming dates of importance, such as trial date, arbitration date, upcoming deposition dates, etc.
  • A call with the client explaining mediation is also recommended. Discuss the mediation and what it means. Make sure we are updated with medical providers, medical treatment, wage loss info and any other stuff (like do we have all the pictures or bills from client).
  • At the time of scheduling, send an email to the client and provide them with any important deposition transcripts and a copy of the demand letter if one has been sent, as well as any response received/current offer on the case.
  • Within a week of scheduling the mediation, total outstanding liens and send reduction requests to all providers, and make sure lien letters are sent to all necessary parties. See lien reduction protocol. Attorney and paralegal have to plan and meet on this. Usually we ask for 50% reduction – but that may not be enough – or there may be providers we should leave alone. Also – for Medicare/Medicaid make sure conditional payment letter will be issued and get on the portal to get figures for the lien and look at the EOB.
  • Within a week of scheduling the mediation, make sure any medical records or bills that need to be supplemented have been supplemented. These also need to be produced to the other side.
  • Is all medical related, all liens related and have we supplemented everything to the other side, like med records, photos, wage loss, liens, and rog answers?
  • Two weeks before the mediation schedule a phone call between the client and the attorney for one week to allow for preparation and to discuss any other issues with the client ahead of the mediation.
  • A week to 10 days before mediation, do the mediation letter and/or presentation to the mediator with any attachments – send to mediator, client and opposing counsel.
  • A week before the mediation, get Casey to get you expenses and any other financial details you need like % fee.
  • A week before the mediation, send a letter or email to the client informing them of the total of the outstanding liens and any reduction acceptances that you have received.
  • If you have more questions about mediation, click here to our YouTube page to learn more about mediation.

Here's a video I did with a client right after a mediation.