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Procedurally, the plaintiffs attorney, the defense (usually the claims representative) and the hearing officer ("HO") are seated in the conference room. Facts of the case, theory of liability and alleged damages will be discussed, the hearing officer will then caucus privately with each side. The "HO" will explore the strengths and weaknesses of the case as he/she sees it and share his/her opinions with opposing parties. This process results in settlement in more than 80% of cases heard, true testimony to the negotiating skills of our experienced, talented and respected jurists. Should the claimant not be reasonable after an equitable number is reached, additional assistance can be provided by having the neutral (with counsel's permission), explain to the plaintiff/claimant the negative and costly aspects of proceeding or continuing with litigation. Other disputes are handled in much the same manner with equally successful results. In the mediation of any manner of dispute, the conference is conducted informally with the parties maintaining complete control of the process and their cases. One of the largest obstacles to any settlement is the unwillingness of the parties to bid against themselves. By supplying the disputants with experienced and knowledgeable neutrals (most of whom are former Federal, State and local justices), it takes little time to cut through the "smoke and mirrors'' that may be preventing the settlement of any given case. Finally, the ultimate success of these conferences is founded in the fact that the disputants are participating VOLUNTARILY. With flexibility on the part of the disputants and the input of an objective third party, most matters mediated result in a solution accepted by all sides. |
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The mediation process is a rather simple and informal
procedure with no rules of evidence, no testimony or cross examination and no
expert witnesses. In cases involving personal injury, the claimant is not
required to be present; in those cases where scarring or residual damages exist
or where the attorney does not have full control and settlement authority, we
would encourage the claimant to be present.