www.oginski-law.com Many people have heard the term 'mediation' but don't exactly know what it means. In this video, I'm going to show you exactly what it means. It's another way of saying 'negotiation'. Most mediations are non-binding. That means if you don't agree with how the settlement negotiations are going, you are not obligated to settle your case. Mediation is an attempt to sit down with an impartial person, usually a judge or a retired judge and try and settle your case prior to trial. The mediator is someone that both parties involved in the lawsuit have agreed upon as being trustworthy and fair. The mediator listens to the attorneys for both sides and then will meet with each attorney individually to gauge their strengths and weaknesses. A sharp mediator will attempt to play off weaknesses of one party into concessions and compromises. Realities of going to trial are often exposed as well as the risks of going to trial. Pressure is brought to bear on both parties to try and reach a mutually agreeable settlement. Clients are often present during the initial presentations by the attorneys and then the individual negotiations usually occur with just the attorneys. If a settlement offer is made, the attorneys are obligated to advise their clients of the offer and bring back an answer along with a possible counter-offer if the original offer is rejected. This back and forth negotiation occurs during the hours spent with the mediator. A mediation can take anywhere ...
Orignal From: What is Mediation? NY Medical Malpractice Lawyer Gerry Oginski Explains
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