5 Things to expect in mediation
So you've been called into mediation. What in the world is that?
Mediation is a settlement conference led by a neutral third-party negotiator. The mediator is typically a Las Vegas lawyers. Many courts require you to go through mediation before you can get a trial.
1. You will not likely see the opposing party. If the defendant has insurance, the insurance adjuster is likely to appear. In some cases, it is unsettling for a plaintiff to face the defendant in person. In those cases, it is comforting to know that you will not likely see the defendant if he/she is insured.
2. There may be some things said that upset you. Each party will make an opening statement. The plaintiff will typically make their argument first and the defendant will go second. This is the time for each side to position their statement and they are likely to make some very frustrating and occasionally offensive statements. Remember to stay calm and realize that each attorney is doing their best to act on their client's behalf, even if that means saying something rude.
3. There is a lot of waiting. After each side makes their opening argument, the two parties are separated into different rooms. The mediator then alternates between rooms until a solution is met. This can take an hour, days or possibly longer if progress is being made. Mediation comes to a close when both parties reach a settlement or come to an impasse.
4. Mediation is confidential. What happens in mediation cannot be used in court. If you make a concession of a confession during mediation that information is inadmissible in court. This knowledge allows each party to negotiate without fear that you will risk damaging your case (should your case go before a judge). In addition, the mediator should not share information with the other party unless you authorize he/she to do so. This allows you to (to a certain degree) be frank with the mediator; however, be aware that some mediators take this responsibility more seriously than others.
5. Prepare. Review the material you know surrounding the case so you are prepared to participate in a conversation. Dress appropriately, but comfortable, it is likely to be a long day. Bring something to read, during the time period where the mediator is with the opposing party you will be grateful for a way to pass the time. You're likely to be tired, sleep well the night before so you are fully prepared to be exhausted.
The Las Vegas lawyers at Shumway Van & Hansen represent clients through multiple types of mediation. If you have questions about whether or not Las Vegas lawyers can assist you in your mediation, please contact us (702-478-7770).
Mediation is a settlement conference led by a neutral third-party negotiator. The mediator is typically a Las Vegas lawyers. Many courts require you to go through mediation before you can get a trial.
1. You will not likely see the opposing party. If the defendant has insurance, the insurance adjuster is likely to appear. In some cases, it is unsettling for a plaintiff to face the defendant in person. In those cases, it is comforting to know that you will not likely see the defendant if he/she is insured.
2. There may be some things said that upset you. Each party will make an opening statement. The plaintiff will typically make their argument first and the defendant will go second. This is the time for each side to position their statement and they are likely to make some very frustrating and occasionally offensive statements. Remember to stay calm and realize that each attorney is doing their best to act on their client's behalf, even if that means saying something rude.
3. There is a lot of waiting. After each side makes their opening argument, the two parties are separated into different rooms. The mediator then alternates between rooms until a solution is met. This can take an hour, days or possibly longer if progress is being made. Mediation comes to a close when both parties reach a settlement or come to an impasse.
4. Mediation is confidential. What happens in mediation cannot be used in court. If you make a concession of a confession during mediation that information is inadmissible in court. This knowledge allows each party to negotiate without fear that you will risk damaging your case (should your case go before a judge). In addition, the mediator should not share information with the other party unless you authorize he/she to do so. This allows you to (to a certain degree) be frank with the mediator; however, be aware that some mediators take this responsibility more seriously than others.
5. Prepare. Review the material you know surrounding the case so you are prepared to participate in a conversation. Dress appropriately, but comfortable, it is likely to be a long day. Bring something to read, during the time period where the mediator is with the opposing party you will be grateful for a way to pass the time. You're likely to be tired, sleep well the night before so you are fully prepared to be exhausted.
The Las Vegas lawyers at Shumway Van & Hansen represent clients through multiple types of mediation. If you have questions about whether or not Las Vegas lawyers can assist you in your mediation, please contact us (702-478-7770).
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