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Some Things You Need to Know About Mediation

If you are filing a personal injury lawsuit, you might be wondering if mediation is right for you. If this is your first experience with a lawsuit, the process of mediation might seem confusing. Here are some things that you should know about mediation so you know what to expect.

What Do You Do During Mediation?

On the day of your mediation you will meet at one of the attorney's firm or in a neutral location. There will be two rooms and each party will have their own room, separate from each other. At the beginning, you will each get time to give your case to the mediator. You will tell them what you believe your strong points are, why you believe you would win if it went to trial, and how much you want out of the lawsuit, or if you are the defendant, how much you are willing to pay.

Then the mediator will tell you if they think you have a good case, where you are weak, and kind of beat you down a little bit to get you in a place where you will negotiate. They will do this to both sides so that you each will be motivated to settle.

After this the mediator goes back and forth between the rooms taking offers from each party until an agreement can be met. It could take a couple hours, or it could take all day.

Who Is the Mediator?

The expertise of the mediator is really important. In many cases a mediator is an experienced attorney or even a former judge. This kind of expertise is helpful because it gives each party to talk to an unbiased mediator who can realistically give them their chances if they go to court, and help to diffuse the tension.

The best mediators are ones who have had lots of experience being a litigator or judge because they have seen cases of all different kinds and can give great advice.

Does Mediation Cost Money?

Mediation will cost you money, but not as much money as if you went to trial. You will pay your attorney(s) who are present with you at the mediation. You will also pay the mediator. Usually the two parties will split the cost of the mediator so that you will pay half of their billable rate.

Talk to a lawyer like those at the Law Office Of Andrew J Leger Jr. to determine if mediation is right for you. 


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