Getting a Recovery for Your Injuries in a Mediation; We Settled an Automoible Accident Case for $227,000 at Mediation


We recently settled a Bronx automobile injury in a  3 hour mediation before a private mediator. 

Mediation is an effective method of settling cases.   We have been using it for years.  See our prior post on mediation here.

Mediation is a settlement negotiation session.  Although it can be done by a judge in court, generally, mediation is done by a  private mediator hired by the parties.  In California it is popularly known as “rent a judge.”

For over a decade, private mediation has grown because  judges lack the time to settle a case at its early stages.  In our experience, most judges will spend the time  only after a jury is selected.  In a mediation, the mediator will spend whatever time is necessary.  

For example,

  • In one of our larger cases the mediation lasted from 10 am to 5:30 pm.  This was an accident case arising out of a Brooklyn construction accident. 
  • In another mediation, there were two sessions.  At the first meeting, lasting 2 hours, the issues were reviewed and discussed.  The mediator made a settlement recommendation to defendants.  Defense counsel had to review the case further with their insurance carriers in order to get more money.  We scheduled a second session, about 1 month later, when defense counsel obtained more settlement authority.  At the second session the case was settled.  This case involved a slip and fall at Fordham University in Bronx, New York.

If a case does not settle at the mediation, neither side is penalized.  Generally, both sides are in a “settlement mode” when agreeing to mediation. 

The parties must agree to a mediator.  Generally, mediators are retired judges.  However, some mediators are distinguished lawyers who have had track records as mediators.   In all of the above examples we  used lawyer-mediators.  Mediators are hired through various private services, such as JAMS and National Arbitration and Mediation.  Often, the service will also provide a meeting rooms or a suite of rooms at its offices.  For example, in a mediation at JAMS, the service provided a conference room and a separate, private room for plaintiff and his attorneys.

If you have been involved in an accident involving serious injuries, please feel free to call us for a free consultation at 800-581-1434 or write to us at letters@seitelman.com.

Prior case results do not guarantee a similar outcome.

Mark E. Seitelman, 3/25/10,  www.seitelman.com.

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One Response to Getting a Recovery for Your Injuries in a Mediation; We Settled an Automoible Accident Case for $227,000 at Mediation

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