Search Site
Menu
What Makes For an Effective Mediation in a Personal Injury Case?

Hopefully, in the last blog I established the wisdom of going to a mediation. This blog will address how I, as your attorney, believe the mediation should be approached. The mediation is done in a private office, not in a courtroom. It is nevertheless adversarial, although politely so. There can be more than ten people present. Thus, there may be several representatives for several parties. As much as I say it is an informal process– without the rules of evidence, without testimony, without a judge or jury– it starts to feel very important. I use that feeling to remind myself how important it is to prepare. That is why I say in the video blog, “there is no substitute for preparation, preparation, preparation.” The stakes are as high as in a courtroom because at the end of the day you are seeking full compensation for your injured client. I enjoy the opportunity to give my overview of the case at the outset of the mediation. I will never approach a mediation in a casual way. My presentation, consisting of approximately twenty minutes, will rely upon excerpts from depositions, medical records and, of course, demonstrative evidence. Such displays are there to give insight as to how the accident happened and to depict the injuries in a clear, if not dramatic, way.

At the end of the presentation, I want the defense, the attorneys and insurance companies for whom the lawyers work, to know that if this case were to go to trial, it would be ready and it would be strenuously argued. I do not tend to hold back in a mediation and there are strategic reasons to let it all out. The foremost reason is that this is your chance to show the other side, as well as the mediator, how strong a case you have. Sometimes, gaps in the other side’s case are not apparent or have not been pointed out during depositions, for example. This is the time to present a summation and to show that there have been contradictory theories put forth by the adversary. Some plaintiff’s lawyers may feel that they are revealing too much. I, on the other hand, would rather put my best foot forward and, hopefully, cause the other side to assess in a serious way if they have a defensible case.

As previously described, after the initial presentations, the mediator engages in “shuttle diplomacy.” This is to begin the process of exchanging numbers in an effort to come to a settlement figure. In reaching that settlement, it helps if the plaintiff knows what he or she can put in his pocket, after the payment of Medicare, private health, and workers compensation liens, for example. Often it is not possible to know the exact number but if that is a sticking point, the case need not settle the day of the mediation. However, the process may certainly lead to a settled case.

Leave a Reply

Your email address will not be published. Required fields are marked *

Feinberg & Alban, P.C. fervently protects your rights
  • The Boston firm of Feinberg & Alban, P.C. specializes its practice in the area of personal injury.

    The attorneys serve the entire state of Massachusetts in addition to affiliating with lawyers in other states to handle cases outside of Massachusetts.

  • $7.7 Million Award for Feinberg & Alban Client in Personal Injury Trial

    Boston Attorneys Win Highest Injury Verdict in Massachusetts in 2011 & 2012.

Client Reviews
  • google
    5.0/5.0

    Alexis was a pleasure to work with. She kept me informed every step of the process and always looked out for my best interests. I would definitely recommend her.

    Read more

    Joel K

  • lawyers
    5.0/5.0

    Working with this firm was a great experience, they were very attentive to my case and needs ; the results of my case was better that I expected. Thanks to much to all the lawyers involved Sincerely S. Ponce

    Read more

    Client

  • google
    5.0/5.0

    I loved collaborating with my attorney. From day one it felt like teamwork: us against the world, david vs. goliath. There was an easy rapport, free flow of communication, yet she remained the consummate professional at all times. As a first-time pla...

    Read more

    Oyie Ndzie

  • google
    5.0/5.0

    Excellent Firm! I cannot give enough praise to Colleen Santora who handled our case . Responsive, professional a true attorney who cares. The entire firm put it all together however Colleen brought it all to the table . Five stars does not seem to sa...

    Read more

    ed thomas

  • google
    5.0/5.0

    Atty Santora & staff were very responsive and handled my personal injury case with concern and professional care. I will recommend this firm for legal services.

    Read more

    Regina Benton

See all reviews
Awards & Affiliations
Contact us

Quick Contact Form