Dothan Personal Injury Lawyer’s Motorcycle Wreck Case Study Part 2

August 13, 2011 by

The Other Side Asks for Mediation

This was all completed before we received the invitation to mediate the case from the insurance company's attorney. Careful consideration was taken in the selection of a mediator, when the other side asked us to go to mediation. You must choose a mediator that has a reputation of being fair to both sides.

Getting Ready For The Mediation

This man and his family were then thoroughly prepared by us for the mediation process. This can be very similar to the type of preparation that goes into a deposition. Everyone must know what to expect, how to conduct him or herself and how the process works. Mediation is a process where an attorney acts as a mediator between both sides in an attempt to coach a settlement.

Before the mediation all of the important records, bills and documents were sent to the insurance adjuster, the insurance attorney and the mediator summarizing our case and highlighting the injuries and damages with the assistance of our expert’s findings. A message was sent and reiterated at mediation that we were not interested in mediating the case to get a settlement. We were mediating in an effort to maximize recovery for this man and were fully prepared to push the case to trial. We believe that this conditioned the defendant, the insurance adjuster, the insurance company and their attorney to agree to our final offer of settlement at the mediation, resulting in a successful mediation.

Dothan Personal Injury Lawyer Says Mediation is NOT the Destination

Mediation should always be viewed as a step in the process, as opposed to the final destination. Many people, including attorneys, see it as the final destination. When people view mediation as the final destination, the client loses money, because the goal becomes settlement as opposed to maximizing recovery.

We still have a case pending in the Circuit Court of Dale County with a jury demand against the automobile insurance company of the family for underinsured motorist coverage and are honored to represent people in personal injury and wrongful death cases.