United Brachial Plexus Network, Inc.

Do any of you who have been involved in legal suits know what mediation usually is about? Just got paper regarding a date for mediation, which is scheduled a few months before the trial date.

Is this a routine procedure or not really? What happens? Have you been to mediation?

Thank you.

This is where both parties try to come to some type of settlement. They try to settle before trial.

Some courts prefer that mediation takes place first in hopes that there can be some sort of agreement/settlement. They do this with a lot of divorce cases, etc. If an agreement cannot be reached, it will go to court.

I think I have heard that some states require mediation, not sure if I remember correctly. Does anyone know? If that is the case, I wonder how often it is just a formality and waste of time, because they have to do it, not because they actually have any intention of settling or offering a reasonable settlement.

I am also confused, because it seems that if it really had anything to do with reaching a settlement than right there it seems that they would be admitting some liablity and responsiblity for the injury. Since they are claiming they did NOTHING at all wrong, why the heck are we going to mediation. More games????

Hi Guest,
As a mediator, I couldn't help but reply to your question. You might consider asking your attorney some questions, like: Who is the mediator? What is his/her reputation in the legal community? What types of cases does he/she regularly mediate? How many bpi cases has he/she mediated? How often has the defense used this mediator? For what types of cases? What were the results of those cases? What can I expect to experience at the mediation? Will the doctor be required to be present during the mediation, or will a representative from his/her insurance carrier and/or attorney speak for him/her? Will I get the chance to speak to the doc directly? In a true mediation, the parties (that means you and the doc in this case) would be asked to speak to each other. In a settlement conference-style mediation, usually the parties do not speak to each other, but this varies depending on the mediator and the circumstances.

Mediation provides an opportunity for settlement before trial. If settlement isn't reached at the mediation, there is still the chance that settlement may occur prior to trial, due to the information shared at the mediation. It's usually a very helpful process. Hope this helps, and best wishes. Cathy

Thanks everyone,

Cathy, thanks for all the great questions. I do know that our attorney has never worked with the mediator and the defense recommended them and have worked with them before. Also found out yesterday that our courts REQUIRE mediation, so it is just part of the process and I don't think it has anything to do with them actually offering a settlement. I would imagine the meeting would be short and sweet, or short and sour should I say.

Thanks again!