“You can’t always get what you want, but if you try sometimes, you might find, you get what you need.”
What is mediation?
Mediation is an alternative way to resolve your personal injury claim before going to trial.
Are you required to mediate?
Mediation is encouraged in Utah and a good faith attempt to resolve your claim is required before your case goes to trial.
When do you mediate?
Mediation can occur at any time before trial. It is often done after fact discovery but before expert discovery.
Who mediates my claim?
Mediation is conducted by a court-approved mediator. This can be an attorney, a retired judge, or a licensed professional. Mediators must be a neutral party and will not choose sides.
What happens at mediation?
At mediation, you and the insurance company will be in separate rooms. The mediator will introduce themselves to each side. Your attorney will brief the mediator on your claim. After a briefing from the insurance company, they then act as an unbiased messenger. There is a lot of downtime as the mediator goes back and forth between the rooms.
What are the benefits of mediation?
Mediation saves you both time and money. When you are preparing to go to
mediation, but more importantly, when you are sitting at the mediation table, you should be considerate of the costs of trial. More likely than not, even if you receive a smaller settlement at mediation, you’re probably getting more money than if you get a larger settlement at trial. . Trials by their very nature are expensive. You have additional attorneys’ fees, witness fees, expert fees, and additional costs for preparation and exhibits. Moreover, you have no guarantee of winning at trial. There is always a chance you could lose. Mediations are informal and cannot be used against you later.
What are the cons of mediation?
Mediation requires compromise from both sides. For you, the compromise is often based on the cost benefits mentioned above. Mediation can also be emotional. You will have a chance to understand how the insurance company really views your claim. And initial offers can also be offensive as with any negotiation.
Who pays for mediation?
Mediation is split equally between you and the insurance company.
What happens after mediation?
If you reach an agreement, you finalize the settlement process. If you are unable to reach an agreement, you return to the litigation process.
Disclaimer: This article is not intended to be used as legal advice and is not a blanket for every situation. You should always consult with your attorney.
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