Mediation sessions are held so that the case can be settled without going to trial. It is important to understand, the people who will be present during mediation, their roles, and how they can influence the proceedings.
The victim, who has filed the personal injury case, will have to be present in person during mediation. The session can take many hours and hence the plaintiff will have to take necessary leave from work, arrange for childcare, and so on.
Attorney of the Plaintiff
The attorney of the plaintiff will be present throughout the mediation process, will be arguing the case, and answering questions of the plaintiff.
The defendant is rarely required to attend mediation. However, sometimes the mediator might want to evaluate the defendant or ask certain questions pertaining to the accident.
Attorney of the Insurance Company
In a personal injury case, usually an insurance company will be paying the claim. The lawyer of the insurance company will be present at the mediation and will keep contact with the insurance company by phone. This lawyer will be mainly negotiating an amount and trying to settle the case.
Representative of the Insurance Company
Apart from the insurance company’s lawyer, sometimes a representative of the company will also be present at mediation. This representative will usually have the power to make the final decision about the settlement amount. He will have full knowledge about the case and will know the details about the accident and the injuries suffered by the victim.
The mediator will help in settling the case and is impartial to both parties. He will start the mediation process by introducing the two parties and explaining the process. He might ask the insurance company representative and lawyer to leave the room for some time, to discuss the case with the plaintiff and his attorney.