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What does it Mean to Mediate Your Personal Injury Case

Your case is scheduled to begin trial in just two weeks, and now the defense calls for negotiations and wants to mediate the case. What happens next?

What is Mediation?

When the defense says they would like to mediate the case, what does it mean? It means they want to engage in settlement negotiations. However, they do not want to do it privately, and they do not want to wait until trial to get in front of the judge to attempt to negotiate.

The defense wants to set you up into a private negotiation session, which is what mediation is. Here, you have the ability to go before an impartial judge who will now listen to each side. Mediation is really an opportunity for you to have settlement negotiations in a tranquil setting.

Choosing a Mediator

Both sides will hire a private impartial mediator that both agree on. Once both sides have agreed on who is going to be the impartial mediator, you should be ready to spend half or the full day involved in the negotiations. You and your lawyer will grasp and have the opportunity to speak to the mediator and explain to him why you believe your case is worth a certain amount of money. The defense on the other hand will tell the mediator that even though you are entitled to something, they do not believe it is as much as your side has mentioned to the mediator.

Both Parties have the Opportunity to Present their Case

Here both parties will have the opportunity to present and discuss all the details in the case. The impartial mediator will try to mediate and negotiate the particular case with the hope and expectation of arriving at a mutually agreed conclusion, and try to settle the case within this process.

Mediation is an opportunity to get the defense to come to the table with authority to settle this case. The main question will be how much are they willing to settle for? What are their maximum numbers and what are you willing to accept. If these numbers are not in alignment, then each side has the ability to stand up and walk away. When no settlement is reached with the mediation process then the case will proceed to trial.

During the trial, there might other attempts at negotiating a settlement but it will not be in the presence of an impartial mediator. It will mainly be a number quoted by the defense, which you will either accept or reject. After these negotiation attempts also fail, if they do, the trial will continue and the ultimate decision will be made by the jury.

Mediation is an important phase of a personal injury case since there is a chance of reaching a settlement without undergoing issues and the cost of a trial. However, to mediate a case does not necessarily ensure a settlement.

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April Johnson
April Johnson
15:54 30 Jun 23
Easy access to thr firm with a very nice Lawyer
Benjamin Roussey
Benjamin Roussey
19:03 29 Jun 23
No firm gets it done like RMFW. They are the best.They are awesome - for sure.
Roberto Martinez
Roberto Martinez
19:02 24 May 23
I’ve been in the personal injury field as an investigator for 29 years. All in New York City. Out of all the hundreds of Law Firms I’ve worked with, Rosenberg Minc Falkoff & Wolf, would have to be at the very top of my list. Amazing staff great attorneys.If you want the job done right, these are you guys.
Julio Ochoa
Julio Ochoa
20:49 18 May 23
I highly recommend Rosenberg, Minc, Falkoff & Wolff, LLP for their outstanding assistance in obtaining a settlement for an Erb's Palsy birth injury case. Their knowledge, dedication, and compassionate attitude were important in attaining a successful end. Their professionalism and assistance were simply outstanding from beginning to end. I am deeply thankful for their representation and would enthusiastically recommend them to anyone seeking justice in a similar situation.
Aisha Neri
Aisha Neri
20:29 18 May 23
I recently had the privilege of working with Rosenberg, Minc, Falkoff & Wolff, LLP on my daughter’s birth injury case involving Erb's Palsy, and I cannot express enough gratitude for their exceptional legal services. From the initial consultation to the successful settlement, they demonstrated profound expertise, unwavering dedication, and genuine compassion for my family's situation.From the very beginning, the team proved their commitment to justice. They thoroughly investigated the circumstances surrounding my child Erb's Palsy birth injury, leaving no stone unturned. Their extensive knowledge and understanding of medical malpractice law, coupled with their deep expertise in birth injury cases, provided us with tremendous confidence in their ability to handle our case.The attorneys at Rosenberg, Minc, Falkoff & Wolff consistently displayed exceptional professionalism and attention to detail throughout the entire legal process. They meticulously gathered evidence, consulted with medical experts, and built a compelling case that clearly outlined the negligence and liability on the part of the medical professionals involved. One aspect that truly stood out was the genuine care and compassion exhibited by Daniel Minc, Lorraine Licul, and the entire team at Rosenberg, Minc, Falkoff & Wolff. They treated us not just as clients but as individuals with unique emotions and concerns. They took the time to listen attentively to our worries, provided constant updates on the progress of our case, and promptly responded to our inquiries, ensuring we felt supported and reassured throughout the process. Their empathy and understanding made an immeasurable difference during such a challenging and emotionally taxing time.When it came time to negotiate a settlement, Daniel Minc demonstrated remarkable skill and tenacity. He fought fiercely on our behalf, advocating for fair compensation to cover any potential long-term effects of Erb's Palsy on my child's life. His negotiation skills were truly impressive, as they secured a settlement that exceeded our expectations and provided the financial resources necessary to support my child's future needs.I cannot recommend Rosenberg, Minc, Falkoff & Wolff highly enough to anyone seeking legal representation in Erb's Palsy birth injury cases or any other medical malpractice matters. Their extensive experience, unwavering dedication, and empathetic approach make them an exceptional choice for families navigating the complexities of birth injury litigation. Thanks to Rosenberg, Minc, Falkoff & Wolff, my family now has the means to provide the best care and opportunities for my child's future.If you are seeking a law firm that combines legal expertise with genuine compassion, look no further than Rosenberg, Minc, Falkoff & Wolff, LLP. They will tirelessly fight for your rights and ensure your voice is heard, providing you with the support and justice you deserve.
Aoki R
Aoki R
17:14 17 May 23
I highly recommend Rosenberg, Minc, Falkoff & Wolff, LLP. They are a team of dedicated professionals fully committed to their clients. I have witnessed the firm's amazing work ethic in my experience with their attorneys and Lorraine Licul. Lorraine is a knowledable, empathetic and results-driven professional. Minc is an excellent attorney and I greatly appreciate the firm's expertise.
Michael Levites
Michael Levites
17:42 12 May 23
I have recommended this firm to some of my friends and I heard back only positive feedback about the client responsiveness, diligence and hard work put in by these attorneys. I will continue to refer anyone who suffered a personal injury to Rosenberg Minc..
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