We recently explained how to prepare for an examination for discovery, but what happens next? Most likely, the next appearance you will have to make in the litigation process is at a mediation.

Mediation is a dispute resolution process that is overseen by a neutral third party, known as the mediator. The mediator has no ability to make any binding decisions during mediation, that process is known as arbitration. The mediator’s key role is to work with all parties to come to an agreed upon resolution. Mediation is entirely confidential, meaning any settlement negotiations or conversations that take place during the meeting cannot be discussed further into the litigation process. This allows all parties to have an honest conversation about how they assess the case.

It is important to note that mediation is your best option for the case to settle before it proceeds to trial. If a resolution is not agreed upon at mediation all parties will begin preparing for trial by attending pre-trail. As we discuss in this post, trials are lengthy and time-consuming processes which you should want to avoid.

In some cities, mediation is mandatory while in others mediation is voluntary. As mediations are booked well in advance, you will have lots of time to prepare for mediation. Thankfully, besides being informed about the process and getting yourself ready emotionally, there is little you need to do to prepare for a mediation. What follows is an explanation of what will happen during a mediation, and how you can best prepare yourself for the day.

What can I expect at mediation and how should I prepare?

Given the current COVID situation, most mediations are taking place online via Zoom. This means that you will be attending mediation from your own home. This allows you to make sure your surroundings are comfortable, and that you have access to any accommodations you may need for the day (i.e., comfortable seating, any medications you may need). However, this also means you must be prepared for a few things: 1) you have access to a stable internet connection and electronic device; 2) you are in a quiet space where no one can interrupt you.

Of course, if you do not have access to an electronic device or are concerned about privacy, you can discuss options with your lawyer. Your lawyer may suggest attending the mediation from their office as an alternative.

Thankfully, once you have sorted out where you will attend the mediation from, there is not much else to do to prepare for the day! At some point prior to mediation your lawyer will schedule a call with you to go over details and explain the process more thoroughly. Make sure you provide your lawyer with any updated medical information they may need to know. During this call, your lawyer may also discuss your expectations for mediation. Remember – you are the client and have the last say in how the settlement process goes; however, your lawyer is well prepared and has years of experience behind them, giving them lots of insight into the process. Remember, a mediation is a negotiation, and compromise may be necessary to come to a resolution all parties can agree upon. It may be helpful to spend some time prior to mediation thinking about where your expectations lie. Have some honest conversations with yourself about your injuries and anticipated recovery. Where do you see yourself in three or four years if the case goes to trail? Do you anticipate a full recovery? If you have yet to, do you anticipate returning to work? Not every personal injury claim will result in an extremely high settlement and understanding this will help you be better prepared for the day.

Besides this, the evening before mediation try and get lots of rest in order to be energized for the long day. As always, reach out to your lawyer with any questions – our team at Pollack Tsimerman is well aware you may never have attended a mediation before and we are happy to address any concerns or questions you may have.