How Personal Injury Mediation Works
On behalf of Linley Welwood LLP posted in Mediation on Thursday December 19, 2019
Understanding how personal injury mediation works will help you make an informed decision about whether or not using mediation is in your best interests. At Linley Welwood, we understand how beneficial mediation can be for resolving cases outside of court. That is why our mediator is trained at negotiating reasonable, practical, and long-lasting solutions for our clients.
During the opening statements, a mediator will explain the mediation process and assure the parties involved that anything said during mediation will be considered confidential and cannot be used if a settlement is not reached. Once the mediator has laid out the process for the parties, the lawyer of the claimant will layout the claimant’s view on the issues before the responding party’s lawyer provides a statement with a different view on the issues.
After the opening statements, the mediator may choose to say something about what main issues need to be addressed but will not provide an opinion on how these issues should be resolved.
Moving into Caucus
The mediator will invite each of the parties to caucus where they can meet with the mediator privately. In caucus, the mediator will have an open discussion with each party to prevent any stalemates from arising during mediation.
Exchanging Settlement Offers
The mediator will ask one of the parties to make a settlement offer which will then be conveyed to the other party. While the initial offer is never accepted, it is meant to encourage a counteroffer which will then be conveyed to the first party. In most cases, there will be a number of offers and counteroffers during the mediation process.
Reaching a Settlement
In order for both parties to reach a settlement, it is often necessary for both sides to compromise on their preferred outcomes. This means that the insurance company may have to pay more than it thinks the claim is work and the plaintiff may have to accept less than they feel they are entitled to.
Signing an Agreement
If a settlement agreement is reached, both of the parties will usually sign a handwritten agreement, setting out the terms of the settlement. More formal settlement documents will then be drafted once the lawyers are back in their offices.
If you would like to learn more about how personal injury mediation works, or if you are interested in our personal injury mediation services, please contact Linley Welwood at 604-850-6640 or by filling out a contact form on our website.
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