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What Is A Mediation?

Mediation is just a glorified settlement conference. Mediations have really come to for that within the last 20-25 years. When I started my practice a long time ago, it was unusual to have a mediation. Mediation is when the plaintiff and the defendant, and usually their insurers, all are brought to the same room. They’re usually ordered by judges now when a case is set for trial because they can eliminate a lot of the court’s backlog if cases get settled. There will be a mediator who is usually an experienced trial lawyer. The mediator’s job is to try to get both sides together. They’ll hammer on the plaintiff saying “You’re asking for too much money.” They’ll hammer on the defense saying “You’re not offering enough money.” They try to work with both sides to achieve a settlement.