Is Mediation A Staged Resolution Process?

Following the launching of a personal injury claim, if the negotiations were to stall, both sides might agree to attend a mediation session.

Who would be present at such a session?

• The plaintiff and those representing him or her
• The defendant and those representing him or her
• The neutral mediator
• A recorder

Mediator’s function

• Cautions both sides about the risks that are associated with a trial
• Explains to plaintiff and defendant that mediation offers more control than allowing a jury to decide on the outcome for a personal injury case.
• Listens to arguments made by both sides

Stages of mediation

The mediator makes an opening statement and explains the rules. Each of the disputants has a chance to make an opening statement. After those statements, a joint discussion takes place, when each side gets a chance to respond to the statement made by the opposing side.

During the next stage, the mediator meets privately with the members on each side. The mediator travels back and forth between the conference room with the plaintiff and the one with the defendant.

As the Personal Injury Lawyer in Richmond Hill knows, a possible stage could follow the private conferences. If scheduled, that stage would consist of joint negotiations, with the mediator present. This next point allows for the crafting of written statements by both sides. That should be followed by composition, on each side’s part, of a summary agreement.

The mediator helps the opposing sides to decide on the nature of their next procedure or action. Ideally, neither side would favor the pursuit of litigation.

A mediator’s view of mediation

There is no winner or loser. Still, both sides usually walk away feeling pleased with the result. Each side has learned about the challenges and problems faced by the other side. As a result, both sides feel more willing to work towards some type of compromise.

A mediated session differs markedly from the confrontations that were part of negotiations, and would be expected at any possible trial. The mediator offers support and guidance to both the plaintiff and the defendant. The mediator experiences a decided feeling of satisfaction. Both sides have had a chance to present their view of the dispute. No one side has forced creation of unwanted changes in the opposing side.

Any change has been taken voluntarily. No rule had to be followed, during the implementation of any changes. The mediator’s guidelines take the place of any rules. Mediators do not have standard guidelines, but strive to offer the required level of help, during the mediated session.

In the absence of strict rules, the 2 parties welcome the available assistance. Hence, they tend to reach an agreement within a reasonable amount of time. The mediator returns home happy.

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