I am proud to have successfully resolved a difficult truck collision case Friday at a mediation for a substantial amount. I wanted to thank Michael Carnahan for his excellent work.
You might not know what a mediation is or how it can help you if you have a dispute with an insurance company, so here is information that can help you understand this critical process.
What is mediation?
Mediation is a voluntary procedure where the parties to a lawsuit agree to hire a neutral third party, who is a retired judge or an experienced trial attorney, to help them resolve their impasse.
After a lawsuit is filed and the discovery of evidence has been made (and on rare occasions before suit is filed), the attorneys for the opposite parties can agree that it is time to see if they can reach an out of court settlement.
In the personal injury world, the injured persons, insurance company representatives, and their attorneys meet at a neutral site, usually the mediator’s office. He or she attempts find a number to compensate the plaintiffs for their damages that the parties believe is equitable.
The plaintiffs have already or will make an initial demand, either in a written demand or a joint meeting (rarely used now). All sides will have provided the mediator with their position papers, with key exhibits and briefing of relevant cases, weeks prior to the mediation date.
Usually the plaintiffs and defendants are far apart on what they estimate the case is worth after a jury reaches its verdict. And of course no one knows what that number will be in advance. I analyze 62 variables to help evaluate how much a jury might award in damages.