Resources and Knowledge

The Mediation Process

Mediation is the best opportunity to resolve your case prior to trial.  Mediation is beneficial because trials are costly and can be unpredictable.  That being said, Falconeri Rumble Harrison will not agree to mediate until your case is ready for trial, and all relevant evidence has been collected.  This puts you in the best possible position for a fair and favourable resolution of your case.

What is mediation?  Mediation is a non-binding dispute resolution process run by an experienced mediator.  The mediator does not impose a decision on the parties; instead, a mediator is an unbiased third party who acts as an intermediary between the two parties involved to assist them in trying to resolve the matter.

At mediation, you and your lawyer will meet with the mediator and with representatives from the insurance company insuring the party responsible for your injury, along with the insurance company’s lawyer.

The mediator will speak directly to you to explain the mediation process.  The mediator’s task is to do the best possible job in resolving the case.  The mediator is not there to takes sides; only to use their experience to help settle the case without the need for a trial.  Everything discussed in the room is confidential.

Next, the lawyers representing both sides will have the opportunity to give a summary of their side of the story. After the summaries have been given, both parties will go into separate rooms.  That’s when the mediator will begin to go back and forth, from room to room, in an attempt to reach a resolution.

The first offer of settlement will typically be presented by your lawyer.  The mediator will then take that offer back to the other party.  After some time passes, the mediator will re-enter the room with the other side’s counter-offer. This process continues back and forth in an attempt to present a solution that is acceptable to both parties.

If a resolution is eventually made, you will sign paperwork called Minutes of Settlement.  The Minutes of Settlement outlines all of the terms agreed upon during mediation.  If a resolution is not reached, your case will then move on to the next phase in the litigation process. 

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