Mediation Tips and Advice for Your Personal Injury / Employment Case

  • Be patient. Mediation is often a long process that lasts a whole business day or longer. It often starts from a point where the parties are quite far from each other - whether the Plaintiff is asking for way more than the employer or the insurance company is willing to pay, and where the Defendant starts with an insultingly lower offer. This is normal, and it's part of the "game." Don't let the opening offer turn you off or discourage you. It's just that - an opening offer. No one starts with their bottom dollar at the start of the process.  
  • Keep and Open Mind. One of the major obstacles that Plaintiffs have before coming to mediation is that they have a set settlement figure in mind below which they told themselves they will not go, no matter what. While it's good to have some expectations, you must avoid having any kind of rigid position, and instead listen to the other side's arguments and listen to the feedback from the mediator, who is likely to be an experienced attorney or a retired judge. No case is perfect - including yours. It's not your fault at all, and in fact it's only natural that there will be some good facts and bad facts in your case. This is especially true in wrongful termination cases. Fully understand the weaknesses of your case and the risks that you are facing and the possible benefits of not settling and going forward with trial. 
  • Don't Take the Mediation Process Personally. I realize that it's easier said than done, but you must keep in mind that from the other side's perspective, negotiating a settlement with you is a strictly business decision in most cases. The company is trying to save money in whatever way they can. Generally, it has little to do with how they feel about you. 
  • Ask Questions. It's important that you feel that you made the right decision at the mediation. The right decision must be an informed one. Ask your attorney and the mediator questions about your case so that you have the full picture of how they case might unravel in court, if it was to go to trial. 
  • Be nice. This applies to every stage of litigation. I have never seen an employer or an insurance company write a larger check to a Plaintiff or his/her Attorney because they were mean, rude, overly aggressive or because they had an entitlement mentality, acting like the world owes them certain benefits. Being polite and courteous with the other side. This is especially true if the insurance company is the decision maker on paying out a settlement. You should have nothing against the insurer. They were not involved in your termination or in your car accident, so there is no reason to have any kind of animosity toward them. If you have to face someone that you don't like, such as you former supervisor or the defendant driver, still - being polite and confronting each other during the mediation will serve you much better than creating any kind of conflict during the mediation. 
  • Keep Yourself Occupied. Because your mediation might take many hours, during which there are long periods of time when the mediators talks to the other side and you are simply sitting in a room waiting for the mediator to come back to you, it's a good idea to have something to keep you busy, such as a laptop, a book, or anything else that could keep you busy/entertained during those hours.