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Mediation: A Way to Avoid the Courthouse

By Attorney Kennedy Legler

As our court dockets continue to become more and more congested, the judicial system in this country has had to look for ways to resolve cases before they reach the level of jury participation. Litigation is extremely expensive and time consuming, causing an amazing number of hours to be expended, not only by the attorneys and parties involved, but also by the judges, court personnel, witnesses, experts, etc.

As an adjunct to the court system, mediation, both mandatory and voluntary, was instituted. Mediation is a process whereby all sides agree to an attorney-mediator whose function is to gather the parties together with the intention of settling the case or resolving all the issues, therefore, alleviating the necessity of the case proceeding to trial.

Mediation almost always begins with all the attorneys and parties in one room. The mediator then explains to everyone present that mediation is a confidential proceeding and that a mediator is not permitted to disclose certain information told in confidence by one party or the other, unless granted permission to do so. A mediator can never decide a case or force a party to settle. A mediator’s sole objective and responsibility is to help facilitate a full settlement or resolution of the case by acting as an intermediary between the two sides.

After the mediator gives their opening remarks, the plaintiff’s counsel is then asked to present his client’s position, emphasizing the strong points of the case. The defense counsel then responds with their position, many times bringing out the weaknesses in the plaintiff’s presentation. After both sides have completed their respective statements, the mediator may have questions for one or both sides to help clarify any issues in the case.

Following the party’s case presentations, the counsel for the plaintiff and defendant go to separate rooms to confirm and remain with their clients. The mediator then begins the actual mediation process, whereby he goes from room to room, generating monetary offers and counteroffers, as well as disclosing new information that may have not been presented during the initial opening statements.

The process may sound simple, but differences of opinion dominate the proceedings. There is always a great disparity in the amount of money the plaintiff feels they deserve as just compensation and what the defendant believes is fair. It is the job of the mediator to somehow convince each side to compromise their position to a new point where they are within “striking distance”, and the mediator is eventually able to effectuate a settlement. Mediations can take a day, several days and sometimes much longer. Some cases may even require multiple mediations.

It has been said that a successful mediation is one where the plaintiff is not satisfied because he or she did not receive as much compensation as they felt they deserved, while the defendant is not satisfied because they felt they paid too much.

Each case presents with difference facts and circumstances. This is why it is important to talk to an attorney immediately after being injured. Call us at (941) 748-5599 or contact us via email at attorney@allinjurieslaw.com. We serve clients in Bradenton, Parrish, Sarasota, Lakewood Ranch, and elsewhere in Southwest Florida.

Vanessa Castro Viera
Vanessa Castro Viera
November 3, 2023
I had the privilege of working with Kelli Martinez as my personal injury attorney, and I can't express enough how grateful I am for her exceptional guidance and support throughout the entire process. From the moment I first contacted her to the conclusion of my case, Kelli demonstrated an unwavering commitment to ensuring my rights were protected and that I received the compensation I deserved. I highly recommend her to anyone seeking legal representation for personal injury cases.
Jen Wiradilaga (SWFL Horses)
Jen Wiradilaga (SWFL Horses)
October 19, 2023
I am so pleased with the service and care Mr. Murphy has shown. Always has time for a phone call , emailed questions are answered so quickly , it is refreshing. I had guidance every step of the way. My Case was settled quickly and effectively. Everyone that is in this off is is exceptional! Thank you so much
amanda reese
amanda reese
October 17, 2023
Mr. Murphy and his team were amazing to work with. In a stressful situation they were on top of making sure I understood my options and walking me through the process when I’d stress out. He fought to make sure I was fairly treated and not just another person swept under the rug and forgot about. I highly recommend him if you ever need and hope to have a timely resolution and team that is top notch.
Ana Maria Araujo
Ana Maria Araujo
October 12, 2023
I am very grateful to Ed Murphy for accepting my case against work compensation, otherwise I wouldn't have had another doctor for a second examination and I would have been at home without being able to work again. I am thankful for all the work Ed and his assistant Jessica have done in my case. I am very happy with the service, every time I called I was treated very nicely by the front desk staff, Kelly. Thanks
Carlene Overacker
Carlene Overacker
October 6, 2023
I highly recommend Mr. Murphy. He immediately responded to the issues I was having with my workers compensation case. He reached out to me in a timely manner. I was always able to get ahold of him via the phone and emails. I never felt rushed in our meetings and conversations. He was professional and courteous. I am very satisfied how quickly I received my settlement.
Erica Aghoian
Erica Aghoian
September 22, 2023
I highly recommend contacting Ed Murphy with your worker's compensation case. From day one he took the time to explain all aspects of the case, listened to my questions and concerns, and kept me up-to-date as the case progressed. I believe he was able to achieve the best possible outcome with my case, and I couldn't be happier to have worked with him. I had never hired an attorney before, but he immediately put me at ease and had my trust. Great experience from start to finish!
Patricia Lara
Patricia Lara
September 12, 2023
I can't say enough how much help Ed Murphy was during such a difficult situation. From day one he was understanding and made us feel at ease. He helped us achieve the most positive out come in our law suit with workers comp. If you ever need assistance I highly recommend contacting Ed Murphy!
Trust Cleaning Inc
Trust Cleaning Inc
August 15, 2023
This message is for anyone who needs a good lawyer, I recommend Ed Murphy because he is a professional and patient person, he fights until the end of his case or any type of case, I recommend him to everyone 100% . there is no other attorney like ed murphy i just have to say thank you so much for helping me with my accident case.

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