Learn what attorneys who are successful in mediations have in common.
While a good personal injury attorney certainly will not hesitate to take your case to court if necessary, due to the delays and hassles involved in this process it is typically better to settle cases out of court whenever possible.
The first attempt at a settlement may be made in direct negotiations with the defendant or their insurance company. However, if these negotiations are not successful in securing full and fair compensation, you do not necessarily have to have a court battle in your future.
Mediation can breathe new life into settlement negotiations and provide another chance at a pre-trial settlement. However, not all attorneys know how to handle mediation to their clients’ best advantage. It is very important to choose a skilled attorney who can handle the very different processes of negotiation, mediation and litigation with equal skill. This is of course what you get with a personal injury superstar like Fernando D. Vargas, who has countless successful cases to his credit.
When it comes to mediation specifically, you want to be sure your attorney will deliver on these 3 key activities.
He Delivers the Brief Early
While “surprise” evidence can be useful in court, it is not helpful in mediations. Instead, it is imperative for both sides to receive a comprehensive brief on the other’s position well before the mediation, so that they have ample time to analyze the evidence and prepare for the mediation. The best personal injury attorney will make sure that the defendant and their counsel have everything they need at least 4 to 6 weeks before mediation.
He Makes a Smart Demand
When beginning to discuss numbers in a mediation, it is important to start out with a reasonable figure. Starting too high could make the defense disinclined to take the claim seriously, as well as be disappointing to the plaintiff. It could also waste a lot of valuable time as the parties dicker back and forth trying to approach a more reasonable number.
He Prepares His Clients for Mediation
In some mediations, the plaintiff is actually permitted to explain their losses themselves. Obviously it is essential to be prepared for this. Even if the plaintiff will not have this opportunity, they may need to answer questions and they will certainly need to understand the mediation process. A smart attorney will let his client know what to expect so that they do not become upset or impatient with the mediation process.
