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In this article, you will discover:
Mediation is especially helpful when the case is emotionally charged. In a trial, all the parties would be seated face-to-face in the same courtroom, creating tension. In mediation, they’re more segregated.
In mediation, you meet with the mediator over Zoom or in an office before the parties break out into separate rooms. You don’t have to physically face the person who caused you damage and refuses to pay for it.
While you sit more comfortably in separate rooms with your attorneys, you can discuss issues with less tension. It’s still emotionally taxing to work through your case, because you always feel like you’re giving up more than the other party in a mediation. However, to meet in the middle and resolve the issue, ultimately both parties will have to give up something.
Mediation gives you more time to process your feelings as you work toward a guaranteed result. That said, it’s still stressful, though less so than leaving everything to chance in a jury trial where you’re forced to face the people who won’t pay you what your claim is worth.
The whole point is to see if there’s a middle ground to resolve your case, and sometimes there’s not. If you find out early in the mediation that there’s no middle ground, then you must prepare for your day in court.
If, instead, both parties continue to move towards the middle, it can still be emotional. If you were injured, you may feel re-victimized because you’re giving up more than you intended to proceed toward a guaranteed outcome that saves the time and costs of a trial.
You can settle a case in mediation, but you must be prepared to come with an open mind. If your mindset is that you’re not going to accept any offers or compromise what you want, there’s a good chance your case isn’t going to settle, and you risk going to trial.
Several common mistakes can impact your ability to have a successful mediation:
It’s difficult to make decisions about an issue that has consumed your entire life, perhaps for years. If you’re going to settle that issue and put it behind you, you’ll have to make profound decisions because, at the end of the day, resolution means your case is over.
If you don’t want to be the sole decision maker in your mediation, you may choose somebody outside the legal process to help you make a clear decision. That person could be a family member, friend, fellow church member, or anybody else that you perceive as helpful.
While you may not resolve your whole case, you may resolve certain elements, such as the lost wage claim, property damage claim or medical claim. In the end, there may be only a single remaining issue that must be resolved at a jury trial.
The alternative is to go through the entire mediation process and, at the end, reject the proposed settlement. If that’s the case, you’ll still have your jury trial and your day in court.
You need to speak with your client and prepare them in advance to reinforce realistic expectations. You must also ensure that the damages you’re alleging are clear.
If your client is particularly focused on certain aspects of their case, those aspects need to be supported by documentation, proof, and expert testimony. You need to do everything you can to strengthen those claims as if they were going to be presented to a jury. That’s what gives you the strongest chance of having them receive the weight and value they deserve.
For more information on preparing for mediation in an Arkansas personal injury case, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (479) 227-3060 / (479) 412-HURT / (479) 358-1998 today.
Attorney Bradley Mullins is a skilled lawyer based in Springdale, Rogers and Fort Smith, Arkansas, who has helped clients just like you navigate the intricacies of personal injury law. With years of experience, he is prepared to assist and represent you at every stage of the mediation process, helping you avoid trial and resolve issues favorably while saving time and money.
Still have questions? Ready to get started? Contact Mullins & Blake Attorneys today to schedule an initial consultation.
