How Personal Injury Mediation Works in Florida

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A Step-by-Step Explanation of how personal injury mediation works. This video guides you through how the whole mediation process works quickly and easily. Mediation is a process where each side of a case agrees to use a neutral third party to try to resolve the claim without going to trial. It’s important to know how personal injury mediation works. – Matt Powell, Board Certified Civil Trial Lawyer

As an experienced personal injury trial lawyer, I meet with my clients for at least one hour before mediation to explain how personal injury mediation works. We go over specific facts and issues regarding their case. Then my client and I go to the mediation together.

Upon arrival, the mediator introduces themselves to all of the parties. They also ensure everyone knows each other, their roles in the case, and how personal injury mediation works. Next, the mediator passes around a document everyone signs agreeing to keep negotiations at the mediation confidential.

Since mediation is confidential, both parties can relax. Nobody worries about saying something the other side could use against them at trial. Once everyone signs the confidentiality agreement, the plaintiff’s lawyer makes their opening statement.

Sometimes the opening statements are two minutes long. Other times they are a few hours long. The opening statement helps the mediator, insurance adjusters, and lawyers understand what a jury may see if it doesn’t settle.

After the plaintiff lawyer makes their opening statement, the mediator allows the defense attorney to present. The defense attorney will go through their list of why they offered low settlement amounts.

Following the defense’s opening statement, the mediator breaks the parties into two separate rooms. The mediators go back and forth between the two rooms carrying information from one side to another. A good mediator addresses the weaknesses of each side and suggests making compromises.

If or when we reach a settlement, the parties will sign a written agreement memorializing the terms of the settlement agreement. Then the attorneys prepare the necessary paperwork to file with the court to pay the claim. If you have any more questions on how personal injury mediation works, please feel free to call me, Matt Powell, at 1-844-MATTLAW. – Matt Powell, Board Certified Civil Trial Lawyer