Your case has been scheduled for a mediation. Don’t worry—you don’t need to do much to prepare. I will meet with you beforehand to go over everything and answer questions.

Your Role:

One thing I want you to think about: What amount of money, after fees and costs, would make you feel fairly compensated for what you’ve gone through? In other words, what number would make you feel “whole.” Every case is different, and your perspective matters. Money is, of course, a poor substitute for health. But mediation is about resolving cases with money, and I need to know how you view fairness.

What Mediation Is:

Mediation is a meeting designed to explore settlement. It usually happens at a lawyer’s office (sometimes by Zoom).

  • The mediator is an experienced attorney or retired judge chosen by both sides.
  • Their job is to act as a go-between to help the parties reach a resolution.
  • Mediators are paid by the hour (often $500+), and costs are usually split. If the case settles, the defense/insurance company often pays the fee as part of the settlement agreement.

Who Will Be There:

  • Mediator
  • You
  • Me
  • Defense Attorney
  • Insurance Adjuster
    The actual defendant rarely attends.

How the Day Unfolds:

  • Opening Session – Everyone begins in the same room. The mediator gives introductions, and each lawyer makes a brief statement. You don’t have to speak (and most plaintiffs don’t). This part typically lasts less than an hour.
  • Private Sessions – After that, we go to separate rooms. The mediator shuttles back and forth with offers and counter-offers. This can take hours and sometimes
    the entire day.
  • A Bracket – Often times the parties reach an impasse that is far apart, and the mediator suggests a bracket. This is a tool designed to send a message to the other side about settlement range, and to keep negotiations going. It is an offer that goes like, “We will lower our demand to X, if you will increase your offer to Y” The defense is likely to respond with a counter-bracket. When a bracket is offered, the parties look closely at the midpoints of each bracket to signal a potential settlement figure.

Expect the defense to start very low. That is normal. Don’t get discouraged.

Strategy and Mindset:

  • We will have a clear strategy going in.
  • Keep an open mind. Negotiations are fluid.
  • Don’t reveal your bottom line to the mediator unless I advise you to — it can weaken our position. Think of it as a “poker game” and keep a “poker face.”
  • Bring a book or something to pass the time. There will be lots of waiting.
  • If someone else’s input is important to your decision, they must attend the whole mediation. Don’t plan to step out and make phone calls for advice from a spouse, close friend or relative; it slows the process and generally is not allowed. If you want advice from someone else, invite them to attend the entire mediation.

If No Settlement Happens:

That’s okay. Many cases don’t settle at mediation. Often the mediator continues to follow up afterward to see if an agreement can be reached.

The most important things: come prepared with your thoughts on fairness, trust the process, and rely on me to guide strategy.

If you have any questions, please call me directly at 804-464-7719 or schedule a phone conference here.