What to Expect During Mediation
Pursuing a lawsuit is a lengthy process. There are lots of steps before a case is resolved. One way that a lawsuit can be resolved is through mediation. Mediation is a guided settlement negotiation performed by a neutral third party in an attempt to settle a lawsuit.
In most of our cases, mediations typically occur after a lawsuit has been filed. Mediation is an attempt to settle the lawsuit without the expense and risk of taking the case to trial. At Powers Taylor, almost all of our cases are settled through mediation to maximize the recovery for our clients.
During mediation, the plaintiff and defendant are placed into different rooms. These days, they are usually held on Zoom rather than in person. A neutral third-party mediator will then listen to each side present their story. The mediator goes back and forth between the two sides to help create a settlement that both sides can agree to. While mediation is a negotiation between the two sides, it is not guaranteed that a case will settle at mediation. If an agreement isn’t reached, the mediator will sometimes provide a mediator’s proposal afterward for both sides to consider.
There are a few helpful things to remember while going through the mediation process:
Mediation takes time.
It can be a long and drawn-out process. The negotiations can move slowly and sometimes last a full day or more. The back and forth can become a little frustrating so it’s important to find an experienced attorney that you feel comfortable with.
Trust your attorney.
When you signed the engagement agreement, you put your trust in the attorney to handle your case. Remember that they are fighting for your best interest and want to get you the best results possible. Trusting your attorney during the mediation process is key. We have been through hundreds of mediations and know which arguments to make, what is a fair offer, etc.
Ask questions.
Listen to everything that your attorney explains. If you don’t understand or have questions about the process, make sure to ask them for clarification. Your attorney is there to help guide you through mediation and is willing to answer any questions you may have. We also do a thorough mediation prep call with you prior to the mediation where we go through expectations in detail.
The mediator is a neutral third party.
Their job is to be a neutral party and try to facilitate a settlement both sides can agree upon. The mediator has built a reputation for being a fair and neutral negotiator. They are typically licensed attorneys who understand the specific area of the law that your case falls under.
Mediations can occur in all types of lawsuits. It is always a good idea to consult with an attorney beforehand. The attorneys at Powers Taylor have successfully settled hundreds of cases through mediation. Contact us today for a free consultation.