Mediation CLE; What's Happening in the Other Room During Mediation of an Injury or Death Case?

Experienced mediator and accident injury attorney Christopher Simon explains the different perspectives that the plaintiff and defense rooms bring to a mediation and techniques to improve the odds of a successful outcome.

[@zxkevin57]

Thanks guys awesome information.

[@fakename8856]

As a Plaintiff I told the Defense attorney representing our 8-figure case not to waist my time with mediation because they have been hell bent on going to Federal trial from the very beginning. Mediation is a total waste of time and money when you can just take the case to trial a few months later.

[@fakename8856]

I would also mention the Defense lawyer is a raging narcissist just determined to screw over our entire crew because he thinks he’s right. Narcissists have absolutely no ability of self-consideration but narcissists look like narcissists to a jury also and everyone in the room will know except them. As a Plaintiff I absolutely do not need to put up with the defense attorney attitude fate is not up to him it’s up to the jury.

[@ChrisSimonInjuryAttorney]

Sure, some cases need to be tried when there is too much of a divergence on perceived value but the vast majority of cases can be successfully mediated. Be sure to check back in and let us all know how the trial goes and good luck!

[@fakename8856]

@@ChrisSimonInjuryAttorney Our 2-week trial begins 7/29/24. Mediation with a narcissist is absolutely pointless and you can’t collect punitive damages in mediation. We have 7 lawsuits litigating in aggregate regarding the same crash (half the crew suing our employer who refused to pay both maintenance & cure). For a 9-figure case I would assume the adjuster would show up (from Germany where the P&I is located) afterwards they will likely fire their lawyers then and hire another law firm to take the case to trial.

[@francisadu-gyamfijr2322]

​@fakename8856 how did the trial go? Did you get a good judgment? Did you settle before trial?

[@alkarimshariff2720]

Thanks for a great idea I have mediation coming up on a wrongful termination after 23 years any idea

[@helenewebster9462]

After listening to you, it NOW confirmed why my former Attorney did not want to go to EEOC'S Mediation. Conflict of Self-Interest, get a New Client- High dollar Employer, and covertly conspired Malfeasance Legal Malpractices Obstructions of Justice.

[@GAvet4lyfe]

Defense brought up mediation but never responded once my lawyer said we can attempt as long as it doesn't prolong a trial date...also the Defense never responded to a demand letter sent 2 yrs ago..DBA OWCP set for beginning of October....I've been receiving mental health treatment for my condition from 2021 till the present and haven't received one penny. OWCP hearing awarded me compensation, but the Defense disagreed. The Defense is from a big firm in New York, and during my deposition, he said he doesn't see anything and he will see us at trial. As the one who is suffering along with my family, I feel it's some serious bad faith. I broke down how the Defense Psychiatrist is biased by his assessment by showing what my MMPI-2 scores really mean. My scores are overwhelming in 8 out of 10 categories, which confirms everything I have been saying for years. I have not worked for going on 3 years.

[@thomasrobichaud5318]

This guy is good

[@christianwagnon-kt7sd]

Is it possible to do a fundraiser so you can support yourself while you are in mediation for a injury that happened two years ago and you just got another turn

[@comments.cuestionsandconcerns]

thanks!

[@rosannam2018]

What does the term "no heat" mean in the settlement context?

[@ChrisSimonInjuryAttorney]

A case where there are no inflammatory facts that would drive a jury award higher like dui or excessive tickets such that a commercial company should not have hired the driver or an admissible criminal record.

[@rosannam2018]

@Chris Simon Thanks for the quick reply!

[@gregrichards6246]

2.1 In medical bills 3 weeks in hospital had to lean how to walk again and have a permanent drop foot for life 14 surgery full time family care for months hospital bed in house parents had to take time off. And since I had to take more than 6 months off I was terminated my job with I love 60/80 k yearly also have 2 more surgery left to try to get some move ment back ? All slip and fall playing punching game at would #1 bar in America. Many video of people falling getting hurt on co instagram. Water / floor agreed by employees over crowded Mediation coming up how do I ask for post treatment ?

[@alkarimshariff2720]

Very good word, are we on the❤ same page

[@helenewebster9462]

My former Attorney, Kevin Little did not view me as his client; but an Adversary. He acted intentionally malicious intent "With Prejudice" and premeditated to pervert the Course of Justice, etc.

[@interestingenough]

Just FYI - this guys keeps promoting "pillow talk" between opposing counsel so i googled if this is normal and acceptable and the results all talked about that NO, its not normal and in fact most insurance companies strictly forbid their lawyers to do it.

[@christianbirton-wagnon1335]

Can I get made whole again I have put back to a infant stage

[@dane1234abc1]

Have you ever found meeting rooms with undisclosed listening devices?

[@ChrisSimonInjuryAttorney]

No. Most mediations are held at the mediation facility, run by an independent third party. Might be a concern if held at a firm owned by one side or the other.

[@dane1234abc1]

@@ChrisSimonInjuryAttorney Thank you.

[@helenewebster9462]

It is obvious he worked hand & hand with PRL's In-house legal Counsel Amanda Costello and Ben Aston etc.

[@landlord440illuminate8]

Am I in mediation?

[@christianbirton-wagnon1335]

If you're hit by two different cars do you have to have two different

[@christianwagnon-kt7sd]

On mother's day 2021 I will have to do a real physical recovery sessions regularly recorded and analyzed for the update of executions needing to be made useful for personal domestic living again. without a thing to, pull down your pants and get the toilet paper, the goal is to be clean. I will really appreciate too be made whole again

[@CindyJensen-o1x]

NEVER EVENTS

[@moonshine3657]

does the plainiff meet the defendent during mediation do they see each other in one room? or do they stay in seperate rooms and dont see each other until a deal is struck?

[@ChrisSimonInjuryAttorney]

There are different formats but normally there is a joint opening meeting session amongst all parties. The exception is in injury cases where the Defendant has no say in what their insurer does, so they are not normally present.

[@GAvet4lyfe]

In my case, the defense attorney has ignored settlement talks even though he brought it up to my lawyer almost 2 months ago. Has not communicated at all about anything, but we go to court beginning Oct in my Federal OWCP case. It's going on 3 years, and I have felt nothing but disrespect and bad faith from the other side.