Mediation provides a plaintiff and defendant to take part in guided negotiations. The guidance comes from the mediator, a 3rd party. Skilled mediators work to open lines of communication and promote a settlement, while remaining impartial. At no point can a mediator’s judgement get imposed on the negotiating parties.
Procedure followed during mediation
First, both the Personal Injury Lawyer in Corner Brook for the plaintiff and the defendant’s lawyer make a separate presentation. That presentation gets seen by all those that are present: the plaintiff, the adjuster and the mediator, along with the opposing attorney.
Next the mediator spends some time in 2 different private sessions, and meets separately with those that are representing each side. In other words, the mediator’s time gets spent in 2 sessions. In one session the impartial party (mediator) meets with the defendant’s lawyer and the adjuster, while a second one gets spent with the plaintiff and his or her attorney.
As the two sessions take place, the mediator’s role resembles that of a messenger. That messenger carries demands from one side to the other. At the same time, the mediator’s guidance takes the form of pointers, concerning the strengths and weaknesses of each side’s argument.
If a mediation proves successful, it becomes the mediator’s job to prepare an agreement. That written agreement gives the insurer a time frame for delivery of a check. That time frame should take into account the span of time required for creating a more formal agreement. That is put together by the lawyers, although the original document has the force of a legal authority.
If the two sides have failed to reach an agreement, the mediator can propose a settlement amount. Alternatively, the two sides might decide to keep negotiating, to remediate or to prepare to for a stage of litigation.
The 3 aspects of mediation that make it such an effective tool
Mediators lack the ability to impose their judgement on the parties that have chosen to take part in the mediation process. That fact highlights the extent of their impartiality.
The mediator’s skills get showcased in performance of multiple jobs. By pointing out the strengths and weaknesses of each side’s argument, mediators help to keep the lines of communication open. That works to reduce the chances for a stalemate.
If there is no agreement, the two sides have the ability to pursue a range of options. Four possible choices can be used to prevent a stalemate: The mediator can propose a settlement amount; the two sides can continue to negotiate; a remediation can be scheduled or; both parties can prepare for litigation.