Mediation

Mediation is one of the last steps in a personal injury claim process before the claim goes to trial. It is a type of alternative dispute resolution wherein both parties meet together with a neutral third party to try and come to a voluntary agreement. The mediator, usually an attorney or judge, is a professionally trained negotiator who will hear arguments from both sides and try to come to a reasonable conclusion about how much is owed in damages.

While mediation can be ordered by a judge when a lawsuit is filed, it is often voluntary as it is in both sides’ best interest to avoid the time, money and energy spent in a jury trial. When negotiations fail, mediation is often the most sensible path forward. A mediator has no legal authority to order a settlement amount. However, they are skilled at getting each party to see the merits of the other’s arguments, and weak points of their own.

Mediation Step-By-Step

The parties involved in a personal injury mediation will be you as the injured party, your attorney, the insurance adjuster, the defense attorney and, of course, the mediator. The liable party, for instance the distracted driver that injured you, is not usually required to attend, but may do so if they wish.

Seven to 10 days before the mediation, your attorney will send a detailed mediation letter to the mediator and other side, explaining why the defendant is liable and what damages they are responsible for. They may also put together a list of similar cases and what the results were for those plaintiffs.

The mediator will organize and lead the mediation depending on each side’s receptiveness and demeanor. Most of the time, a mediation follows this process:

• The mediator introduces themselves and everyone present to each other. They explain the rules of mediation, the common goal of finding a reasonable settlement offer and encourages both sides to be open to cooperating with the other.
• Both sides make an opening statement, explaining their position and the consequences they think the insurance company is liable for. Each side can provide documentation such as medical records or depositions. They may also offer ideas about a resolution, as may the moderator after the opening statements.
• If both parties are willing to have an open, respectful dialogue, the mediator may have each party respond directly to the other party’s opening statements.
• Next, both parties will be moved to separate rooms, where they will meet privately with the mediator. The mediator will go back and forth between each party, giving an unbiased view of the strengths and weaknesses of each argument and exchanging settlement offers. Without saying directly what the other party said in private, the mediator will use the information to try to convince the defendant to raise their offer and the plaintiff to lower their demand.
• If a settlement is not reached, the mediator may bring both sides back together for final face-to-face negotiations. If a settlement is reached, the mediator will put the terms in writing and have each side sign in.

If both sides cannot come to an agreement, it does not necessarily mean that reaching a settlement is impossible. Often, after mediation the insurance adjuster will go back to their insurance company for the authority to offer you more money than was previously authorized.

Other Important Things to Know About Mediation

• Both sides must agree to whatever settlement is reached; if they don’t, things will likely proceed to a lawsuit and trial.
• Nothing said by either party in a mediation can be used against them later. This takes away any potential risks for both sides.

The only real downside to attempting mediation is the time and the cost, which is usually split evenly between both sides. However, if your personal injury lawyer has already been negotiating for months without receiving a fair offer, mediation is worth it to get the full compensation you are owed and avoid a lengthy, stressful trial.

Client Reviews

What our clients are saying about us

Juanita Matthews

Year of 2023

This law firm is absolutely amazing. They took on my case, when nobody else would! They fought hard for me when it seemed there was no hope. They kept me informed and always asked for my input before making decisions on my case. Gary puts himself into every case unlike most law firm owners. Gary and his team really care about every one of their clients, and fights hard to get you a fair settlement. They actually won my case out of court, and then reduced my fees to make sure I could get my car fixed and be able to get back to some normality. I would recommend Burger Law over and above any other firm! If you go somewhere else you aren’t getting the best!

Shaunda S.

7 months ago

I am very happy with the staff at Burger Law. I mostly worked with Michael Sheldon, and he did an amazing job. I trusted him completely with my case, and he did not disappoint. I would definitely recommend this team if your ever in need of good attorneys.

Emelia M.

3 months ago

Burger Law Firm is fantastic. Laura and Genevieve were so amazing and helpful throughout the entire process. They helped me with my personal injury case every step of the way and succeeded at getting me the results I desired.

Helen L.

a year ago

We had a great experience with Burger Law for representing us after a serious car accident. Truly impressed by how professional and supportive the entire team is. And, many thanks to Genavieve and Laura – you are amazing!

Judy M.

a year ago

They did an amazing job on my case! Communication with them was great!!! Kept me informed and in the loop with everything that was going on!!! Will definitely be the 1st ones I’ll call if ever I’m in another accident!!! Thank you very much!!!

Chelsea C.

5 months ago

Let me tell you something about Burger Law.. they are so attentive and kind. Jennifer is my savior!! I love the whole team!!! They are truly a miracle team!! I appreciate their business and would recommend it to others.

David D.

2 months ago

Absolutely the best law firm in the St. Louis area. No matter the size of your case you are treated as if you are the only client on the roster. Will explain anything thoroughly and they work around your availability. Very impressed and appreciative of the service.

Lisa B.

11 months ago

Gary and Casey took great care of me for 2.5 years as my lawsuit was finally settled. I feel he helped me achieve justice for me and my 4 children after their father died from medical malpractice and neglect. Thanks to Gary, my kids now have a great start to their college and adult lives. Thank you Gary and Casey, for fighting for us so hard at our most trying and difficult time in our lives thus far. Love and God bless from my family to yours!

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