Navigating Mediation: A Guide for Injured Victims

When pursuing a personal injury claim, mediation can be a pivotal step in reaching a fair settlement. At Motheral Jones Law, we understand that this process can seem daunting.

The Court of Common Pleas of Allegheny County, which includes Pittsburgh Pennsylvania and the surrounding area, have enacted mandatory mediation for our cases. Under Local Rule 212.7, parties must participate in a formal mediation process at least 45 days prior to the commencement of trial term.

Here’s what you can expect during mediation and how we at Motheral Jones Law will support you every step of the way.

What is Mediation?

Mediation is a form of alternative dispute resolution where a neutral third party, the mediator, facilitates discussions between the Plaintiff injured victim (you) and the opposing counsel representing the insurance company to help reach a mutually agreeable settlement. Unlike a court trial, mediation is less formal and aims to avoid the lengthy and often stressful litigation process. Mediation usually takes place in law firm conference rooms.

The Mediation Process

Pre-mediation Preparation

Prior to mediation, your attorney from Motheral Jones Law will review the facts of your case and discuss the goals of upcoming mediation with you.

Document Preparation: We will gather and organize all necessary documents, such as scene photos, injury photos, medical records, bills, and evidence of lost wages, to present a compelling case that holds substantial settlement value for what you have been put through due to someone else’s negligence.

Mediation Statements: Both parties will submit mediation statements to the mediator summarizing their perspectives and key evidence.

Mediation Session

An opening speech will be given by the mediator. The mediator will explain the process of mediation for the day.

Private Caucuses: The mediator will then hold private meetings, or caucuses, with each party. During these sessions, we will discuss your position, respond to any offers, and provide insights into the strengths and weaknesses of the case.

Negotiation: The mediator shuttles between the parties, conveying offers and counteroffers. Our goal is to negotiate a settlement that fully compensates you for your injuries and losses. This process is usually over the course of a few hours of back and forth.

Settlement or Further Action

Reaching an Agreement: If an agreement is reached, it will be put in writing and signed by both parties. This agreement is binding and enforceable.

No Agreement: If mediation does not result in a settlement, the mediator may try to continue negotiations over the next two weeks in an attempt to settle. If there is no chance of settlement, we will discuss the next steps in the process, which may include proceeding to trial or another shot at negotiations at the Pretrial Conference.

Benefits of Mediation

There are many benefits we have seen from the mandatory mediation enacted in Allegheny County.

We get control and flexibility: Mediation allows both parties to retain control over the outcome, as opposed to a judge or jury making the final decision.

Confidentiality: Mediation discussions are confidential, which can be beneficial if you prefer to keep details of your case private.

Time and Cost Efficiency: Mediation is quicker and less expensive than going to trial, potentially saving you significant time and money.

Less Stress: The informal nature of mediation can reduce the emotional strain often associated with court proceedings.

How Motheral Jones Law will Help

Our commitment is to ensure you are fully prepared and confident throughout the mediation process. We provide comprehensive case evaluation with thorough analysis of your case to present the strongest possible argument.

We pride ourselves on clear communication with regular updates and explanations to keep you informed and involved in every decision.

Mediation can be a crucial step in resolving your personal injury claim efficiently and favorably. At Motheral Jones Law, we are dedicated to guiding you through this process with compassion, striving to achieve the best possible outcome for your case. If you have any questions or need further assistance, please don’t hesitate to contact us.

Your journey to recovery and justice is our top priority, and we are here to support you every step of the way.