Getting a Recovery for Your Injuries; Mediation and Settlement


Mediation equals settlement.  

We have written previously about the effectiveness of mediation in settling cases.  E.g., see here and here.

Recently, we heard from another attorney who hates mediation.  His first and only attempt at mediation was a failure.  He did not settle his case.  He lowered his demand while defendants stood firm.  He felt that he gave everything and got nothing in return.

We have urged that  attorney to reconsider and give it another try.  Although there is no guarantee of settlement, we have had a great rate of success at mediation.

We have found that mediation paves the way to settlement even where the case does not settle during the mediation.  We saw this on the settlement of a very difficult and contested case which dragged-on for six years. 

We scheduled a mediation which was a bit of feat in itself due to the number of parties.  This case did not settle during the two mediation sessions scheduled six months apart.  However, within one month of the second session the case settled. 

The parties were so far apart that the two mediation meetings pushed the key parties to “get to business.”  Eventually, the case was settled by a series of phone calls between my office and the key defendant’s attorneys.

If the mediations did not occur, the parties would have continued not  talking to each other.  The parties would have marched to trial, and the case may not have settled. 

In this case, mediation paved the way toward settlement which was in the parties’ best interest.

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

Mark E. Seitelman, 8/8/11, www.seitelman.com.

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