What are some things you might expect during your mediation in Maryland? To put the question another way, what are some of the specific things which will present themselves in a Maryland mediation? This Maryland medical malpractice educational article is a follow up to an article I wrote a couple of days ago which focused on mediation in general.
Before I go further into this article, be sure to understand that the information presented is of a general nature and each mediator might do things in a different manner. For the specific issues which your case presents, I suggest that you speak to your legal professional.
WHAT ARE SOME THINGS YOU MIGHT EXPECT DURING YOUR MEDIATION?
To better understand what are some things you might expect during your mediation, it is a good idea to start with the “players” present in the mediation. If both sides are represented by attorneys, the attorneys will be present in the mediation along with their client(s). The mediator will also be present in the mediation. Usually, the mediator will be picked by both sides in the case.
Some mediators will start with both parties in the same room. The mediator may ask for both sides to give a sort of opening statement to explain the case. After this opening statement is given by both sides, the mediator might dismiss one side so he or she can speak with the remaining side about the issues present. After the strengths and weaknesses for this side are discussed, the mediator will dismiss the current side and ask the other side to come back into the room. The strengths and weaknesses of the other side will be discussed and then both sides will be brought back together.
Because the mediator will more than likely have experience with the issues the case presents, the mediator will be able to understand the case from both parties’ position. This experience will help the mediator allow the sides to come together for a settlement of the case.
WHAT HAPPENS IF WE CAN’T AGREE DURING MEDIATION?
In some instances, no matter how much the sides negotiate, the case will not be settled. When this happens, mediation will be concluded and the case will go back to where it was on the docket.
Even though mediation can be viewed as court assisted negotiation, the court cannot force the sides to settle the case. This is not in the power of the court.
DO YOU HAVE QUESTIONS ABOUT SETTLING A MARYLAND MEDICAL MALPRACTICE CASE?
To speak with me further about an injury you may have experienced in Maryland while in the care of a doctor or hospital, this is what I invite you to do. Pick up the phone and give me a call. I can be reached at 301-850-4832.
We answer Maryland medical malpractice and child birth injury questions 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