Mediation of an Auto Accident

By: Frank H. Bailey, Founder/Senior Partner

If you have been involved in an accident with a truck or another vehicle, often the insurance company will suggest mediation.  Most people are not familiar with mediation, so this blog is intended to help prepare you for mediation if you have been seriously injured or fortunately were only slightly injured in a wreck.

The purpose of mediation is to put on the table both the good and bad points of your case and try to reach a resolution.  If a resolution is reached, both sides will sign the mediation agreement and the insurance company will issue a check for the agreed amount within a few days and your case will be over.

The advantage of mediation is a final resolution of your personal injury case without going to court.

The mediation usually takes place at your lawyer’s office.  A certified mediator will be present.  The insurance lawyer and an insurance adjustor will be present.

After introductions, all parties present will sign a confidentiality agreement that means everything that is said in the mediation remains confidential and cannot be used in court.  Next your attorney will usually make a brief opening statement of your case.  This may be followed by a brief statement from the insurance company’s lawyer.

After both sides have made opening statements, the mediator will split the parties and you will go in a separate room separate from the insurance lawyer and adjustor.

The mediator will talk with you about your case.  At that point your lawyer will make a dollar demand to settle the case.  The mediator will take that to the insurance lawyer.  Usually the insurance company will come back with a figure that is less than your demand.  This process can go on all day until the insurance company makes a final offer.  At that point you must decide if you can live with that amount or want to have a jury decide your compensation.

Frank & Sach MediationAt Bailey and Oliver Law firm, our attorneys have handled multiple successful mediations of truck wrecks, auto accidents, and work place injuries.  Call us if you have questions about mediation, 479-202-5200 or send us a message on this website CONTACT page. Click CHAT NOW at the top of this page and talk with someone right now.