Ensuring that You are Prepared is Essential
Personal Injury Mediations are not court procedures, and injured parties may not understand this.
The very best way to prepare your client is in person with your attorney. You need to be advised that the mediator is a neutral third party and facilitates settlement.
As the injured party, you need to likewise understand that you need to be constantly, reasonable, and ready to agree when the other side is right about certain issues. You must also avoid making false statements or risk harming your credibility by getting aggressive or mad easily. A fair and reasonable discussion about at least two different amounts that they are willing to settle at is likewise important. Sage words of advice to victims in car accident proceeding is “less is more”. If you are asked an open ended question, that might lead to you talking on and on about something, perhaps revealing holes in your legal argument armor, that works for the other side, not for you. Don’t be afraid to ask the mediator, or the other side to “rephrase the question” to get as close as possible to a Yes or No answer, and don’t be afraid to give only a Yes or No answer. This advice is even more important in court.