How mediation Works
Mediation is the process of settling a dispute with the guidance of an impartial third party. The parties can willingly engage in mediation or receive a court order to do so. Although court-ordered mediation is less frequent in personal injury cases, it can occur after filing the case but before the trial.
Many attorneys and judges like mediation because it allows the parties to openly discuss their case with the guidance of a disinterested third party while saving time and money.
The Mediator
A mediator is a neutral third party who reviews the facts of the case and guides discussions about settlement. In Rhode Island, certified mediators are required to have at least forty hours of state approved mediation training. attorney James H. Lockwood with The Lockwood Legal Group, LLC is a certified mediator having received said training.
Focusing upon relevant facts
Mediators will help the parties focus on the relevant facts so they don’t get bogged down debating issues that won’t impact the settlement. They may also ask questions to show the strengths and weaknesses of each party’s case.
Additionally, a mediator can propose potential resolutions for the parties to consider. However, mediators are not decision-makers. Therefore, they cannot make final determinations regarding your case.
Mediators cannot suggest what outcome would be best, or advise parties on if they should accept or reject a given settlement.
Mediation Confidentiality
The purpose of mediation is to allow for an open and honest conversation so that the parties can resolve their dispute. The parties will sign a confidentiality agreement before the mediation session begins. Also, under state law, other then allegations of child abuse, anything discussed in mediation is entirely confidential.
As a result, information shared during mediation is confidential unless the parties both waive their confidentiality or if it falls into one of the few exceptions, such as:
- Threats of violence
- Admission of abuse
- Information about the furtherance of a crime
Anything the parties involved say during mediation cannot be used against them in a lawsuit. For example, the defendant’s settlement offer cannot be utilized to demonstrate guilt or that they believe the plaintiff deserves compensation. This is referred to as mediation confidentiality.
Preparing for Mediation
You should prepare for mediation to improve your chances of it being successful. To prepare for mediation, you should do the following:
- Determine what is important to you in the dispute, such as the minimum compensation you are willing to accept.
- Gather and understand the information and records relevant to your case’s potential resolution.
- Discuss the mediation process and your attorney’s opening statement so that you have a better understanding of what to expect during mediation.
In addition to preparing for mediation, you do not want to enter mediation with a predetermined mindset. The success of mediation will depend on the parties being willing to compromise. An experienced attorney will help improve your chances of a successful mediation by preparing you for it.
The Mediation Process: What Happens During Mediation?
Mediation begins with introductions of each party and the mediator. Then each party’s attorney will make their opening statements. During opening statements, the lawyer for each party will present their case and discuss relevant evidence. After opening statements, the mediator usually, but certainly not always, moves the parties to separate rooms. This is called shuttle mediation.
In shuttle mediation, the mediator will then move from party to party to help them negotiate a settlement.
During the negotiation stage of mediation, the mediator’s job is to communicate each party’s position and settlement offers to the other side. They will also suggest ways to resolve the case and occasionally converse privately with the attorneys to discuss the strengths and weaknesses of the case, facilitating the attainment of a settlement.
When mediating a settlement, you need to write down the terms. The settlement agreement is not binding until all parties sign the agreement. If someone has a change of heart after mediation before the settlement agreement is signed, the case may still need to go to trial.
What Happens if Mediation Doesn’t Work?
Unfortunately, there is no guarantee that you will come out of mediation with a settlement agreement. If you cannot reach a mutual resolution for your case during mediation, you must prepare to go to trial. However, if mediation fails to result in a settlement, it does not preclude the possibility of negotiating a settlement agreement before the trial. The only time limit on reaching a settlement agreement is that no settlement can be made after a judge or jury determines a verdict at trial.
Once a judge or jury reviews the case and makes a decision, the decision becomes final. As a result, sometimes, parties who fail to reach an agreement at mediation choose to settle before the verdict to avoid the uncertainty of the potential judgment.
Contact Us For Mediation Services
If you are seeking a qualified mediator for your case, contact the attorneys at The Lockwood Legal Group, LLC for a free consultation to find out if our firm’s services are right for you.
Free Consultation & Flexible Appointment Options
The initial consultation is FREE! So contact us right away. We can arrange a virtual appointment, in-person appointment at our office, or even travel to your home to meet you and your family.
Contact The Lockwood Legal Group for a free consultation today! Call US or send us an email.
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