Personal Injury Cases: What Is The Goal In The Mediation Process?

When I ask others about the goal of the mediation process, they often respond that the goal is to “settle the case.”

That’s wrong.

For most of our personal injury cases, the goal of mediation is to get the defendant and insurance company to offer as much much to settle the case as they’re ever going to pay.  We want to find out the maximum amount that they have and to get them to put it on the table.

If it settles the case, great.  But,  it may not settle the case.  Far too frequently, insurance companies offer amounts that will never be enough to settle the case.   And that’s okay.  Because even if it’s too little to settle, at least you’ve learned information that can help you to go forward.

What you don’t want to do is complete the mediation without settling, go do a bunch of work and incur a lot of expenses on the case, and then have the insurance company offer a little bit more down the road at a later time, when it can settle for more but the client ends up with less because of  the increased expenses.

Now, if a lot of additional work is necessary to convince them to pay more, that’s okay.  But you don’t want to leave the mediation not knowing the other side’s bottom line for the day.

Posted on: October 29, 2011 |

Schuelke Law maintains offices in Austin, Texas. However, our attorneys and lawyers represent clients throughout the state of Texas, including Dallas, Houston, San Antonio, Forth Worth, El Paso, New Braunfels, San Marcos, Kyle, Buda, Round Rock, Georgetown, Lockhart, Bastrop, Elgin, Manor, Brenham, Cedar Park, Burnet, Marble Falls, Temple and Killeen. By Brooks Schuelke

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