Zarzaur Law, P.A. TV - How Does Mediation in a Personal Injury Case Work?

Attorney Joe Zarzaur defines “Mediation” in the personal injury case process. Unless you're a lawyer or you've been through a civil lawsuit, you probably don't know what the word “mediation” even means in the context of a personal injury case.
All Cases Used to Go to Trial
30 plus years ago, if a case did not settle you filed a lawsuit. Both parties went to the courthouse and the first time ever saw the other party and the lawyer together in the courtroom. Attorneys picked a jury, but no one wanted to be the first person to bring up a settlement because it seemed like a weak stance or weak position.
Why Mediation?
So, a lot of cases didn't get resolved. The courts began to think maybe we should break the ice and make it to where the parties don't bring up a settlement, but the court does. If both parties are forced to go and try to see if they can settle a case before they go to trial, then maybe cases will go away.
Mandatory Mediation
Courts started adopting mandatory mediation requirements in every lawsuit. Now virtually every judge requires that you go and mediate before setting a trial date. What does that look like? And what does that really mean in the context of a personal injury lawsuit?
How Mediation Works
After you file a lawsuit (which means you're that small percentage of cases that even required a lawsuit - around 5%-10% in the state of Florida), you will get an order from the judge, at some point in the case before trial, that says you have to sit down with the other party, usually at a lawyer's office. That lawyer is a mediator. The lawyer has to be certified as a mediator. The mediator is more like a referee and him, or she will basically, try to figure out if there's any room to settle the case. The mediator, you, your lawyer and the person you sue, and his lawyer, and usually an insurance company representative attend the mediation. The insurance company representative attends because at the end of the day, and in most of these cases, the insurance company is paying unless it's a products liability case where you sue the manufacturer of the product.
The Role of the Mediator
1. Hear the Position Statements from Both Parties: The mediator will first get everybody in one room, and they'll ask, what's everybody's position on this? The plaintiff attorney of the injured person will go first and tell the entire room, including the mediator, and the other side, why they think their case value is a lot more than what opposing counsel is thinking the case is worth.
The defense (another side of the case) lawyer will stand up and will say why he or she thinks the plaintiff’s case is not as valuable as they think it is.
The clients typically don't speak to this, but the one thing it adds is that the client, for the very first time in the case, gets to see it with their own eyes and ears and hear the other lawyer’s position and vice versa.
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Joe Zarzaur, the founder of Zarzaur Law, P.A., a Pensacola Personal Injury law firm, has created this video blog in an effort to educate the many citizens and visitors of Pensacola, Florida about their legal rights. Joe Zarzaur knows the ins and outs of Florida law and offers quality legal help whether you have experienced an auto accident/car wreck, have been a victim of medical malpractice, or are in need of a personal injury attorney. For more information, visit: www.zarzaurlaw.com
100 Palafox Place
Pensacola, FL 32502
Telephone: [phone] or (855)hirejoe
Email: [e-mail]
Follow us on Twitter: @zarzaurlaw
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[@karinagarcia2235]

Wow

[@yolandadavis5794]

I’m just waiting on the date for mediation

[@user-sq4gz4gz4f]

How did it go?

[@shankar3950]

Question, what if the defense want to offer a settlement before the mediation date, the deposition was already done a week before, and now before the mediation date the defense sent a offer that is good only for 30 days..does this mean much of anything? Thank you

[@ZarzaurLawPA]

Sounds like there is a pending proposal for settlement that can have negative financial ramifications for you personally. You should speak with your lawyer about this immediately. Thank you for tuning in! I hope this answer is helpful to you.

[@shankar3950]

@@ZarzaurLawPA thank you for the replay, could you give me an example of what you mean please? Thank you

[@miketysonjr7144]

I’d like to speak with you about my case it’s going on 3 years now !!!

[@Padrefan56]

Is there a way to find out if the Mediator and the plaintiff Attorney have had previous interactions between each other in other mediations?