Mediation is a process used to settle legal disputes. It is most frequently used as a settlement technique in family law (divorce and custody) and personal injury (e.g., auto accidents and medical malpractice). In family law, many court systems have made mediation mandatory in divorce cases in an attempt to cut down on protracted courtroom battles.

I am going to talk today more about the mediation process in personal injury cases. Your lawyer may also describe mediation as a “settlement conference” or “arbitration.” At a mediation (which may take a full day), both sides are present and there is an independent mediator, or arbitrator, who charges a fee for their time. The two parties have to agree on the who the mediator will be, which makes sense, because if one side or the other is unwilling or unable to work with a particular person, the process will be meaningless. Mediators have different styles and techniques, and your attorney may prefer a particular person as the mediator in your case, and might even recommend waiting for that particular person to be available if their schedule is full.

You might think that everyone sits down in one room together and tries to work things out. In a traditional mediation, this is not what happens. Each side (the clients and their attorneys) is set up in a separate room. The mediator then talks to each side and moves back and forth between the parties to try to reach a settlement. The mediator will have been paid to review the paperwork in the case prior to the day of mediation, and may have requested that each side provide a written summary of their case. Because this can be a somewhat expensive process, mediations of this type are most frequently used in cases that are “worth” more money. In other words, you won’t have a mediation to argue over $20,000 because it would not be a wise financial investment to pay a third party to do that.

So, you are thinking, why is this discussion in a blog about “bad lawyers”? Here are a few things that we will talk about later — what is the reason for scheduling the mediation (do you feel like your lawyer is pushing you into this) — has your lawyer talked to you about how to manage your money if you may be receiving a large settlement (or annuity) — are you physically up to the task of sitting through a day or more of negotiations (when you may still be on pain medications or in pain from your injuries)? Discussion about this to follow soon, along with some new “Tales of Bad Lawyers” to illustrate.