What is a Mediator’s Role?
What is a mediator’s role?
So what is the role of a mediator? To tell you, the Plaintiff, what’s fair? No. To tell you the likelihood of winning at trial? No. To tell you how great your case is? No. Simply put, a mediator is there to settle the case, period.
The goal of a mediator is to find common ground
A mediator is not evaluating the case based on the facts provided to him to determine what is fair. A mediator’s role is to find common ground between the parties in an attempt to get them to settle on a number which both can agree on that particular day. He is not there to listen to your story as Plaintiff and then be your advocate to tell the Defendant to pay you the limits of their insurance policy.
Knocking holes in your case
What a mediator will do is to listen to your case and let you know the weaknesses in your position and the risk and exposure you will face at a trial. He will then, of course, go to the other room where the defense is waiting, to tell them the weaknesses in their case and their risk and exposure of going to trial. One role of the mediator is to bring the parties back to reality so they can see what could happen in the event they put their case in the hands of a jury.
Arm the mediator with facts during each visit
What you can do as Plaintiff is to arm the mediator with facts that he can take to the other room on each and every trip in an effort to keep them moving towards a reasonable settlement figure. Do not give the mediator all helpful facts on the first or second trip. Make a list prior to mediation of every single point that you need to make to keep the defense moving up in their settlement offers. Discuss in detail each breach of the applicable standard of care. Discuss how the Defendant’s negligence affects your everyday life. Discuss the injuries and how it has changed even the smallest way you do things on a daily basis. These small points can really move the meter if done in a strategic manner.
For these reasons, it is imperative to hire a veteran litigator and experienced trial lawyer who has been involved in mediations in personal injury cases for years. If a loved one has been injured or killed due due to the negligence of another, contact a personal injury lawyer Little Rock AR trusts today.
Thanks to Steve Harrelson and our friends and co-contributors from Harrelson Law Firm, P.A. for their added insight into the role of a mediator.