Mediation and a birth injury claim will be the discussion for today’s educational article and supporting video. Although mediation generally occurs further in the process, it is still an important part of a birth injury claim. Spending time discussing mediation and a birth injury claim can get families a better understanding of what to expect during a mediation and why mediation can be helpful.
For this discussion we are working under the assumption that a birth injury investigation has already been performed, medical experts are already in place, and a case has been filed. To put this another way, there is a valid birth injury claim.
What Is Mediation?
Before discussing mediation and a birth injury claim together, I am going to take some time and explain mediation. In general, mediation is a tool that is used by both parties to try to resolve a claim without the need of a jury or a factfinder. In some cases mediation will be successful however, in other cases mediation may not be successful.
When a case has went on long enough for both sides to see the value of mediation both sides’ attorneys will agree on a mediator to lead the mediation. Since we are in the era of COVID-19 mediation set ups can vary from jurisdiction to jurisdiction. For example, in some jurisdictions mediations may still be performed face to face while in others Zoom or some other type of digital method might be used.
A mediator might require that each side provide a mediation statement to present the case and the issues present. The mediator will then use the mediation statement to get a better feel as to the case and the critical issues set forth.
Once the mediation begins the mediator will speak to both sides and work to find a money number that each side agrees would conclude the case. The mediator accomplishes this by pressing both sides regarding the strengths and weaknesses of the case.
Mediation And A Birth Injury Claim…
One of the reasons why A successful mediation is important is because mediation allows the parties to decide the worth of the case. After a case is filed and it has to be decided by a jury or a factfinder, both sides have now relinquished their ability to conclude the value of the case. For example a jury might decide that the asking number from the plaintiff is not appropriate. As a result, they may provide a number that is not acceptable to the plaintiff. On the other hand from the defense standpoint a jury might disagree with their position and provide a number that is not satisfactory to the defense.
Cases that are presented to a jury or ultimately decided by the jury and are exclusively under their control. This is a point that the plaintiff and the defendant understands when presenting the case before a jury or factfinder.
Marcus B. Boston, Esq.
Boston Law Group, LLC
2 Wisconsin Circle Suite 700
Chevy Chase, Maryland 20815