Mediation seeks to bring conflicting parties to an agreement of compromise and for ending a legal dispute without having to go to court. It is a negotiating session that is mediated by an impartial third party (the mediator). Mediation is often used in contract disputes and other civil matters. It is sometimes referred to as Alternative Dispute Resolution, and many contracts have built-in provisions requiring the parties to submit to mediation if a conflict arises.
Mediation is also a way in which a personal injury attorney in Colorado may seek to resolve a PI case. Mediation in a PI case is sometimes done prior to the discovery process (where the parties are required to exchange documents and other evidence regarding the case and when depositions of the parties are taken). Mediation after discovery may also be suggested as a way to resolve a case. The timing is often decided through an agreement between an insurance company, opposing counsel and the personal injury attorney.
In Colorado, the term “Alternative Dispute Resolution” really gives a better description of what mediators do. A mediator cannot come into the mediation with a preference for one party over the other: they need to be neutral. They are there to get the parties to the point where they can come to an agreement. Mediators are not judges. They cannot hand down a decision like judges do. They are more like guides (or sometimes referees) who can make recommendations to the parties about how the issues in the case might best be resolved.
During the actual mediation session, after everyone is introduced to each other and the mediator explains how they plan to run the mediation session, the attorneys may each make an opening statement. The parties may then be questioned by counsel, and the mediator may also ask his or her own questions. The actual set up of the mediation session can vary from place to place and between different mediators. For instance, the website for the City of Boulder sets forth that the parties sign a confidentiality agreement, the mediators compile a list of issues that need to be addressed, and an agenda is set regarding addressing the issues. The mediators then facilitate a brainstorming session between the parties to develop possible solutions for each issue.[1]
Mediations are all about getting the parties to talk in order to resolve the conflict between them. The mediator(s) sometimes request to speak to each side separately. After this happens, sometimes the parties agree to further discuss the matter together, and sometimes they do not. If that happens, most mediators will attempt to keep negotiations going anyway they can, including acting as a messenger between the parties, relaying each party’s offers and acceptances, and rejections of different settlement proposals. The aim of mediation is to bring about a resolution that both parties can agree to.
Mediation is recognized as a quicker, more cost effective way to resolve a personal injury case. It is a tool that has been used by many lawyers, and is something that should be considered by a personal injury attorney in Colorado who is handling a case that could be resolved without going to court.
[1] City of Boulder, Colorado, “Mediation Resource Center”, 24 Mar 2011., acc. 08 Aug 2011.
Related posts:
