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If negotiations were to stall, mediation would provide the opposing parties with an alternative to pursuit of legation. That alternative should be cheaper and faster.
Utilization of mediation calls for introduction of a neutral 3rd party.
That 3rd party is the mediator. The mediator helps both sides to discuss their various options. Mediators also study the solutions that would appear to work for both parties. Usually, their strategy is to:
–Ask questions
–Highlight the strong points that have been presented by either side; that action keeps the 2 parties in a positive frame of mind.
–Stay neutral throughout the session; that discourages any effort to seek revenge. By the same token, there are fewer tendencies to make negative inferences from any of the statements.
Advantages to making effort to obtain a mediated solution
The plaintiff comes face-to-face with the insurance adjuster. The adjuster gets a good look at the plaintiff’s injury. Each side is encouraged to think seriously about the points that have been made by the other side. No comments are recorded. Statements made during mediation cannot be used during a trial, if it becomes necessary to have a trial.
Everything is said in confidence. Nothing said during session is to be shared with members of the public. No one can object to any statement, although it is the mediator’s job to offer a nod to words that underscore a key point. Both parties have some control over the outcome. Both parties can have a personal injury lawyer in Barrie present.
If all goes well, both parties walk away pleased; that is the opposite of a court case, where one side wins and the other loses. Session often finished within one day. Mediator does not aim for a win by either side but strive for an amicable solution.
Drawbacks to mediation
It can only take place if both sides agree to take part in the scheduled session. Sometimes, an adjuster might refuse to attend such a session. Both sides must contribute the money that will be used to pay the mediator. Yet there is no guarantee that the mediator’s skills will prove equal to the job. It is possible for a mediated session to end without attainment of a compromise.
No one has job of enforcing the agreement. If one side does not follow through with its promise, the other side could be forced to consider a lawsuit.
Scheduling could prove difficult, because both sides would have to go along with the time and place of the meeting. Moreover, the time and place would have to suit the mediator, as well. In some places, it can be hard to locate a mediator, one that stands ready to charge a reasonable price.