Expectations of Mediation in a Pedestrian Accident in Maryland

Mediation is a good opportunity for the parties and the lawyers to talk and present the issues so the parties can see where there are agreements and disagreements. Where there is a disagreement defines what needs to be done, overcome, and worked through to reach a resolution of the case. The process is designed to get the opposing parties talking and finding some common ground to work through the disputed issues. The mediator typically meets with everyone together and discusses the rules of mediation.

The mediator can never be called to court to testify as to anything that occurred in the mediation. The mediation is confidential as well as anything said in the mediation. Many times the mediator will split up the parties. There can be even greater confidentiality of things that people don’t want to tell the other side or have them hear. The mediator is bound by confidentiality not to tell the other side that information. The whole process is designed to facilitate working through disputed issues to bridge any gap and get a practical resolution of the case by way of settlement.

Reasons the Plaintiff May Want to Participate

There is no guarantee of outcome. Judges and juries can pick up on all kinds of different things that factor into their decision making, which may or may not come out in the party’s favor. The process of mediation gives a certainty to the result in which the parties participate directly in the decision-making. Many times mediation can be very successful in fleshing out the pros and cons of the respective party’s sides with an independent third party discussing how these issues can or may play out before a judge or jury.

A mediator can help to weigh the pros and cons of being in a range of reasonableness to settle the case and reach a result that the parties have participated in and have decided for themselves that the settlement is in their best interest. If the mediation is court ordered, there may be no cost. If it is private mediation either before or during litigation that the parties want to arrange, mediators are paid on an hourly basis anywhere from 200 to 500 dollars an hour. The cost of mediation is significantly less than most litigation costs like expert witness testifications.

Insurance Companies Approach to Mediation

If it is a private mediation, then it means that the parties have agreed and therefore have a threshold good faith belief that the case is worthy of taking to mediation with a reasonable expectation that the case can get resolved. The insurance company’s approach to it is that if there is a mutual agreement to go to mediation, then they are there in good faith to try to resolve the case. There is no guarantee that the case will get resolved because the parties have to be willing to compromise. That is the nature of mediation. Not everybody is going to get everything they want. However, there is no guarantee that any party is going to get everything they want if they go to court and the insurance companies are aware of that