If two disputing parties have failed to negotiate a settlement, a court hearing may not be necessary. If the same two parties agree to explore further the possibilities of a settlement, a mediation session can be scheduled. At a mediation session the facts relating to a particular case get presented by four different individuals: The mediator, the plaintiff, the plaintiff’s lawyer and the lawyer for the defense.
The way that presentations get made during a mediation session
• The lawyer for the plaintiff outlines the case.
• The plaintiff and representative for the defendant give their side of the story.
• Mediator takes notes, and prepares for upcoming meetings.
Mediator meets with lawyers from the two sides. Mediator’s notes used to make presentation, regarding the strengths and weaknesses of the just-presented arguments from the different lawyers.
The personal injury lawyer in Kitchener can consult with his or her client, regarding possible options. The representative for the defendant has chance to meet with those that have the authority to alter or expand the options available to that same attorney.
After both sides have studied their options, the two sides meet again with the mediator. The mediator listens to the details, concerning any considered compromise.
Why mediation can prove more effective than the earlier negotiations
Until time of mediation session, the defense team lacks much information on the experience and reputation of the plaintiff’s lawyer. By the same token, the plaintiff’s attorney does not know the exact identity of the defendant’s lawyer. If either side discovers that it will have to confront a most difficult opponent in court, it could decide to settle.
A strong argument made in the courtroom could sway the jury to favor the other side. Each of the parties must consider that possibility. If an unfavorable decision by the jury seems quite probable, then the two parties are more likely to settle.
During a mediation session, the adjust and the plaintiff have a face-to-face meeting. Following that meeting, the adjuster might put more effort into completing the paperwork. The completion of that paperwork can make the approach of a settlement more likely. After the face-to-face meeting between the adjuster and the plaintiff, the adjuster’s pre-conceived ideas might be squashed. For instance, the adjuster’s conception of someone that is seeking funds that he or she does not deserve might evaporate. That would increase the chances that the two sides could come to an agreement.
Understand that an agreement can be reached at any point of the process that leads to the awarding of some form of compensation to the accident victim (plaintiff). Mediation encourages the structuring of an agreement before any possible court session has reached its conclusion. Maybe even before it has started.