Getting a day in court to tell the world their baby’s story is a compelling action for some parents that we talk with when their baby has suffered an injury during birth. For them, birth injury mediation is not something high on their list initially. Learning of the stories of many of these families, it is totally understandable! With that said, as these cases move forward, and the baby age, other factors also become important.
I will explain below why birth injury mediation can be important when it is approached the right way in cases which can be mediated. Other factors must be analyzed when birth injury mediation is a possibility. One more thing, if you have specific questions about your case and mediation, you need to speak with your attorney, as the information I am providing is general in nature.
WHAT TO EXPECT DURING MEDIATION?
Mediation is one way to resolve a case without the need of a trial. Each mediator may handle some of the specifics of the mediation in a different manner. With that said, there are some things which will remain standard during mediation. For example, a universal goal of mediation in this context will be to resolve the case without the need of a trial.
When you get to the mediation, the mediator may seat the parties in separate rooms. Each side might have provided the mediator with a confidential mediation statement before the mediation. This mediation statement is a way for each side to present the issues in the case and why the other side’s position is not the way to go in the case. These statements allow the mediator to have a good understanding of the issues in the case. Add to it, if the mediator has practice experience in the issues presented, this can help both sides see the limitations in their cases, as the mediator will be able to articulate the problem areas of the case.
During mediation, each side will present numbers as to the value of the case. The mediator will work with each side to help get a good result for everyone involved.
BIRTH INJURY MEDIATION, IS IT IMPORTANT?
The answer to the question, birth injury mediation, is it important, would be in general, yes. An underrated aspect of mediation is that it allows the parties involved in the case to place a value on the claim. When a person says that they want their case to be heard in court, so the entire world knows that happened to their baby, with that occurs relinquishment of control as to the value of the case. Remember, when a fact finder is involved, the fact finder is who decides not only the facts surrounding your case, but the value. This is in stark contrast to mediation.
Even though birth injury mediation can be important, not every case will have a successful mediation outcome. For example, the defense may think that during trial, a jury will find that the actions of the doctor did not cause the injury. Or, on the other hand, the plaintiff (person bringing the case) may think that the amount of money being offered is not enough to pay for their baby’s future challenges. These are but some of the ways in which a mediation can fall apart. Cases that cannot be mediated continue their pre-planned docket schedule.
The main point, however, is that if a birth injury case can be mediated, it is a good idea to fully prepare for mediation and not blow it off as not important. As I mentioned above, for specific questions related to your case issues, consult with your attorney.
Marcus B. Boston, Esq.
Boston Law Group, LLC
2 Wisconsin Circle, Suite 700
Chevy Chase, Maryland 20815
1-833-4 BABY HELP