What Happens at Mediation?

 

Transcript: Hi.  I’m Indiana Personal Injury Attorney David Holub.  This discusses what happens when your case is sent to mediation.  Mediation is a process where the two parties present themselves to a neutral third-party who acts as a go-between to discuss settlement possibilities.  Since 97% of all cases settle before trial, mediation is an opportunity for the parties to get together and discuss in a neutral setting the possibility of settlement without a confrontational environment.  The neutral mediator is usually an experienced and respected attorney that both sides agree to use as their go-between.  Whatever is said privately to the mediator cannot be disclosed without permission to the other side.  This process allows the parties to discuss settlement without the risk of emotions clouding their judgment.  Emotions can get in the way of settlement, such as when a plaintiff in an accident case is wanting to see the defendant punished for their wrongdoing.  In a civil lawsuit, punishment is not part of the process.  Punishment is part of the criminal process, and if the conduct is egregious enough, a criminal case may be instituted against the defendant.  The mediation process allows the parties to discuss their views of the case in confidence with the mediator and hopefully arrive at a mutually-agreeable solution to the case.  When our clients’ cases are ordered to mediation, we will meet with the client ahead of time and discuss in great detail what to expect out of the mediation process in their particular case.  Hopefully you now know a little bit about the mediation process.  Check out our website for additional informational videos.