Mediation in civil cases is an organized attempt to get the parties to negotiate by using a neutral third person to help resolve the dispute. A mediator is a person who is not a party to the case and has no interest in the case. He is not a judge and does not make rulings. He just helps along the negotiation process. Mediation is simply a chance to negotiate with the other side.
Although many cases settle during mediation, often mediation is a disheartening process because the client has already waited a significant amount of time since their accident before the case gets to this point. Insurance companies know this and are interested in settling the case for the least amount possible.
A Recent Example of How Mediation Works in a Real Case
A recent client of our law firm was involved in a car accident in which she injured her knee. She had medical bills and missed some work due to the injury. Like most people, she tried to work with the insurance company to pay her medical bills and to reimburse her for the expenses she had as a result of the accident. Like many people, she made little headway. She eventually hired us. We filed a lawsuit on her behalf. As the case neared trial, suddenly the insurance company came to the bargaining table.
Before mediation, the insurance company had offered very little. At mediation, the insurance company began by starting with a very low offer. After three hours of grueling negotiations, the insurance company finally relented to what we thought was a reasonable amount which was nearly three times what they offered initially before we filed our lawsuit. In fact, this amount is approximately what we estimated to be awarded in court had the case gone to trial which made settlement an easy decision to make.
It is important to note that even during negotiations the insurance company sought to wear down our client to the point where she simply wanted to say, “Okay, I’m exhausted. I just want this to be over. Let’s take whatever they offer and I will just have to live with it.” Such is the nature of the insurance companies in litigation. Many seek to wear you down in the hope that you give up.
We didn’t give up. Our client got what she deserved. It is our job not to be worn down the insurance company tactics. It is our job to not only sort through the insurance company red tape but cut through it like a hot knife through butter. Mediation is but one of the many tools that we use when we fight for our clients.
This is the type of battle we fight every day. This is the type of battle that we can fight for you. If you or a loved one have a legal dispute with an insurance company, please feel free to call our office anytime for a free, confidential consultation.
