Q: My lawyer told me that the court had ordered us to mediate on my case. I like my lawyer, but she didn’t tell me much about it. What can i do to prepare?
Nicholas, Killen, AL
ON: Mediation is used by the court system with great success. Courts order mediation in all possible cases, including compensation for workers, accidents and divorce cases.
We carry out a lot of mediations and to a certain extent have designed our office in such a way that rooms are available for mediations. I like mediation a lot and find it very helpful for my clients.
Mediation requires a degree of trust in the lawyer and the process. Knowing that your attorney knows the value of your case and the problems associated with your case can be assured that your interests will be protected. The mediator cannot and cannot make a decision on the case. The mediator cannot and will not speak to the judge about the persons or whether or not they were reasonable. The mediator will only report that the case has been resolved or not.
What you can do is understand what topics are important to you. In employee compensation cases, the employer often wants to pay money to the injured worker in order to avoid future liability for the care and treatment of his injuries. Most people want the peace of mind that their medical bills will be paid due to a workplace injury. There are many ways to fix this problem. Indeed, different states legislate differently for future medical problems.
Understand that if you haven’t conveyed already, it’s just new to you. Most people never enter into the negotiation process of making a high offer, receiving a low offer, and trying to find an area where neither party is completely satisfied. Most people don’t like trading horses and go back and forth with offers and counter offers. The ability to distance yourself from an unsatisfactory deal is a very important tool in negotiation (when you are pretty sure you can get a better deal).
My advice to you is to be open about it. Don’t get upset with low offers. Let the process take place and eventually the mediation will come to a close, done or not done. Good luck.
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