A mediation can happen before or after a lawsuit is filed. Usually, they happen after a lawsuit has been filed. Judges in Jefferson County, Kentucky mandate parties to mediate on civil cases. In some situations, your lawyer can file a motion to get out of mediation (if they think it will be a waste of time). This blog post discusses mediation on car crash cases in Kentucky and answers some common questions.
Here is a list of mediators in Louisville, Kentucky: https://www.kentuckymediators.org/louisville-mediators
When Do We Mediate?
Most mediations I do are after the depositions of the parties. Sometimes they are after the medical proof (doctor deposition). If the insurance company has a “limits issue” they sometimes throw their money in a pot and ask the parties to mediate on how to split it up. That is usually the only time we mediate before a lawsuit is filed. However, there is no hard and fast rule on when you mediate. It is possible to mediate a week after the injury or a week before trial. All it takes is both sides being willing to sit down to attempt to resolve the case
Will Mediation Resolve My Case?
It depends on the insurance carrier. Some cases I go to mediation knowing the carrier is just wasting my time. Other cases have a legitimate potential of resolving. It also depends on what my client wants. If they want a grand slam its probably unlikely at a mediation. That said, I’m not resolving a case for a single or a double unless there is a REALLY good reason for it and my client wants to get the case resolved. There are a lot of factors that go into a mediation including: liability, damages, how many hours defense counsel has billed this year, how many cases are on the mediators desk, is the mediator being pressured to resolve cases or being yelled at for settling too easy. A lot of factors make mediation case specific.
What Do I Have To Do During A Mediation?
The lawyer’s job is to argue and advise during a car crash mediation. A lot of this is risk analysis. Can I get more than or can I get more now? The clients job during a mediation is to make decisions. Normally the lawyer runs most of the show and the client does not need to do much, unless they want to. Some of my clients want to talk a lot and put their position to the Mediator and/or defense lawyer. I don’t have an issue with that. But at the same time we aren’t trying to give away our whole case at mediation 🙂
How Do We Choose A Mediator For A Car Crash Case?
The Plaintiff and the Defendant should agree on a mediator for a car crash mediation. There are some mediators that I believe are too defense friendly. I do not agree to use them. On the other side if a mediator is too Plaintiff friendly the defense lawyer will not agree. Usually it is a retired judge or practicing lawyer that mediates a case. Whoever it is both sides need to agree to the mediator.
What Does The Mediator Do During A Car Crash Mediation?
The Mediator is hired to get the parties to settle the case. There is no guarantee the mediation will be successful, but the Mediator tries to get both sides to come to a resolution. They do that by putting pressure on both sides. The Mediator will speak to the parties and hopefully get them to listen on the strengths and weaknesses of the case. The mediator will relay offers and demands back and forth trying to seek compromise. If there is an agreement the mediator will draw up a brief document outlining the settlement.
When Is A Mediation Successful?
There is an old joke that a mediation is successful when everyone leaves the table angry. The Plaintiff walks thinking they took too little. The Defendant (insurance company) walks thinking they paid too much. It has been my experience that both sides need to be willing to negotiate and not get exactly what they want for a mediation to be successful. I tell my clients not to worry about the first few offers the other side makes. In one ear out the other. The number that matters is the final number. So we need to be able to listen.
Sometimes the other side is just totally unreasonable. In that scenario we walk out of mediations and tell the other side we will see them in court. It happens. Sometimes they are just calling your bluff. And there are some lawyers out there that take the last offer at mediation no matter what (as confirmed by mediator and defense lawyer). That sets a HORRIBLE tone for the rest of us. Who you hire as a lawyer and whether they go to court matters.
Follow up questions on mediation can be sent to BDettman@dettmanlawgroup.com. However, if you have a lawyer I can’t speak to you about the case. My phone number here is 502-779-9998 and consultations are always free. Here is a link to my car crash page for further information: https://louisville-injury-lawyer.com/service/motor-vehicle-accidents/
