The topic of this video is what exactly is mediation? Now, if you’ve been involved in litigation, you will have, would have been required by the Florida courts to have conducted mediation prior to your case being set or going to trial. It is a rule and virtually every county in the state of Florida and often a court will require the mediation before they actually even set the case for trial. But in a personal injury case it you don’t necessarily have to go to mediation only once a lawsuit is filed. Mediations can occur at the pre-suit stage or while you’re in litigation. So what exactly does, what exactly happens at a mediation? So many of my clients mistakenly believed that mediation is actually a trial. So when they see a notice of mediation or they hear me talking about mediation, they panic and they start running around trying to get witnesses together.
But mediation is simply an informal settlement discussion and it is conducted normally by a neutral third party mediator, which is normally a, an experienced personal injury lawyer may be someone who has done insurance defense work or plaintiff’s work for many years. Someone that is highly respected in the community or a retired judge and the parties come together usually at the mediator’s office and they present each side of their, of their case now not in a trial setting, in an informal setting. So what happens is the mediator usually brings everyone to the table and both sides give aid an informal presentation about what they believe the liability on the case is and what the medical damages are and what their demand is. And then each party will go into a separate room and the mediator will go back and forth between the two rooms attempting to get the parties to agree on a settlement. And that’s really it. It’s just simply a mediation is simply a settlement discussion and meeting between the parties. And a more often than not, mediations are very successful in getting personal injury cases resolved. So if you hear a is here, I mentioned have a mediation now, hopefully you know what exactly it is.
*The above has been transcribed by a third party service and has not been checked for accuracy.
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