Walking out on mediation can be overwhelming for some people. I have had clients tell me that even though they have been prepared for their mediation, it can still be frustrating when things cannot be resolved immediately through mediation or settlement. As one client told me, it can be a letdown when you think your terms are reasonable but the other side at that time does not seem to agree.
For this article, I want to explain why walking out on mediation initially may not be the end of the ability to resolve the matter before trial. Please remember that the information I am going to talk about in this article is general in nature. If you have specific questions about your upcoming mediation, please refer those specific questions to your attorney.
WHY CAN MEDIATION OR SETTLEMENT BE A GOOD THING?
Mediation or settlement can be a good thing in a birth injury or medical malpractice case because it allows the parties to place an agreed upon value on the case. When a case has to go to a jury trial, the jury is the one who determines the value, if any, of a claim. The actions by the jury can negate in some instances the perceived value by the parties. This is an important concept to keep in mind.
During a mediation, each side can go back and forth until an agreement is met. The back and forth gives each side an opportunity to understand the strength and weaknesses of the issues at hand.
WALKING OUT ON MEDIATION
Despite the best efforts, sometimes a case will not be successful initially during mediation or settlement, thus leading to the parties walking out on mediation. The thing to understand however, is that the attorneys can still work with each other in some cases to work to resolve the case with the help of the client(s).
It has been my experience that sometimes initial mediation falls through, but as time goes on and more of the issues are narrowed down and understood better, the cases have still been able to resolve themselves. With that said, in some cases, trial just might have to be the way to go because the cases, for whatever reason, cannot be settled.
If you are currently experiencing a mediation, or preparing for a mediation, some of the best advice out there is for you to listen to your attorney and be sure to ask your attorney questions when you do not understand things. That is the best way to ensure that you get the best result possible for your case.
Marcus B. Boston, Esq.
2 Wisconsin Circle, Suite 700
Chevy Chase, Maryland 20815
1-833-4 BABY HELP
