What will mediation be like? We get this question searched on our website often. People want to know what will mediation be like. Mediations can vary depending on the type of case and jurisdiction.
WHAT IS MEDIATION?
Mediation is an assisted negotiation. Often times in heavily disputed matters, mediation is ordered by the court to be conducted. The court cannot force a resolution. However, the court can order that the parties at least attempt to resolve the matter. If negotiations break down or a resolution cannot be reached, then the case will proceed in its scheduled course.
Each mediation is different and dictated by the mediator and matter that is the subject of the dispute.
WHO ARE THE PLAYERS?
The mediation will be attended by the parties to each side, their respective attorneys and the mediator. The mediator is usually someone mutually chosen by counsel for the parties. If counsels cannot agree on a mediator then the court will appoint/assign someone to mediate the matter.
The mediator acts sort of like a referee. He/she isn’t a party to the case but a neutral third party trained to be impartial and facilitate dialogue between the parties. Some mediators begin with all parties in one room and then separate the parties and the mediator acts as a go-between literally and physically. Other mediators keep the parties separated the entire time and go between the parties.
IMPORTANT TIPS FOR MEDIATION
One of the most important tips that we could give anyone who is wondering what mediation will be like is to have realistic expectations. What I mean by realistic expectations is understand the strengths and weaknesses of each side and where you began and where you want to end up. This also means understanding the benefits associated with resolving the case at mediation versus the risks of having a trial.
Mediation gives the parties the decision over the outcome versus having the issue(s) resolved by judge and/or jury. Mediation is confidential so the mediator will not disclose what was discussed by either side. If negotiations fall apart, the contents of the mediation cannot be used unless for some specified reason the parties agree to disclose the information.
For specific aspects about your case, be sure to speak with your attorney with any questions you may have. Your goal may include: settling the matter for a certain dollar amount, agreeing to which remaining issues will be litigated and which to resolve, agreeing to a settlement range to be used post-verdict and countless others depending upon type of case.
WANT TO TALK ABOUT YOUR MEDICAL INJURY?
If you have suffered a medical injury at the hands of a doctor while in the state of Maryland this is what I advise you to do. Pick up the phone and give me a call. I can be reached at 301-850-4832. I answer questions like yours all the time related to medical injuries, child birth injuries and wrongful death all the time and I would be happy to listen to your story.
Marcus B. Boston, Esq.
Boston Law Group, LLC
2 Wisconsin Circle
Chevy Chase, Maryland 20815