A Mediated Settlement Conference: What To Expect
When you have a personal injury claim arising from an automobile collision and you file suit, you will be required by the Court to participate in a mediated settlement conference.
You and anyone you care to join you will attend in person. We begin the process by having everyone with an interest in the case in the large conference room at Glenn, Mills, Fisher and Mahoney, PA. This group will include a trained mediator, the attorneys, our client, the person who caused the injury (the defendant), their lawyer and their insurance company representative.
Inside The Meeting
The mediator will start the conference by talking primarily to our client and the defendant about the rules of mediation and describe the process. After the mediator has talked for about 5 minutes or so, an attorney from Glenn, Mills, Fisher and Mahoney will be asked to summarize your claim for the mediator and to say anything they want to say to the defendant and the insurance adjuster. These comments will be primarily directed at the defendant and the adjuster.
After the presentation on your behalf, the defense attorney will have the opportunity to make a statement about the case. The mediator typically asks both parties (you and the defendant) if you have anything to add. We typically suggest to our clients they say no thanks to that invitation.
Your One-On-One with The Mediator
Once this general opening session is over, we then separate into two rooms. The mediator will likely meet privately with you and your attorney first after the general session is over. When we are in private session with the mediator, you are free to say anything you like. The mediator will then go back and forth between the rooms delivering messages, demands (what we say we want) and offers (what they are willing to pay). This process will continue until both sides agree on a settlement amount or the mediator concludes that further discussion will not be productive and will declare the mediation is over.
The mediator has no power to make anyone do anything or decide any issues in the case. Their job is to solely keep the discussions moving in a constructive manner. Rest assured that:
- Nothing you say to the mediator during private sessions that we want to be kept confidential will be told to the other side.
- Nothing that happens at mediation can be used at trial. In fact, the jury will not even know the mediation took place.
If you or a family member have a personal injury claim, call us to handle your case professionally. We will also help guide you through every step of the process. Call our firm at (919) 683-2135 or visit us online and complete the contact form to arrange a free case evaluation today!