The agenda for mediation in settling a personal injury lawsuit typically follows a structured process to facilitate negotiation between the involved parties. Of course, mediations should be customized for each case and the steps set forth below may not all apply. The agenda can be adjusted based on the specifics of the case, the dynamics between the parties, and the mediator’s style. The goal is always to move from positions to interests, fostering a resolution that both parties can accept voluntarily. Here’s a very basic outline:
1. Introduction
Opening Statements: The mediator introduces themselves, explains their role, and outlines the mediation process. They emphasize confidentiality and voluntary nature of mediation. Both parties or their attorneys might give brief opening statements, though these are often reserved for later.
2. Joint Session
Statement of the Case: Each side presents their view of the case. The plaintiff might describe the injury, its impact, and what they are seeking. The defendant or their insurer might outline their perspective on liability, causation, and damages.
Discussion: Sometimes, there’s a brief discussion where both sides might ask questions or clarify points raised.
3. Caucus Sessions
Private Meetings: The mediator meets privately with each party. These sessions allow each side to speak freely about their case, strategy, and what they’re willing to offer or accept. The mediator can explore underlying interests, emotions, and to assess the flexibility of each side.
4. Negotiation through Shuttle Diplomacy
Back and forth negotiations: The mediator goes back and forth between the parties, conveying offers, counteroffers, and discussing potential solutions without revealing exact numbers unless authorized. This stage involves proposal of settlement terms and discussion of legal precedents, costs of litigation, risks, etc.
5. Problem-Solving
Brainstorming: If necessary, the mediator might facilitate a session where ideas for settlement are brainstormed, perhaps involving creative solutions like structured settlements, apologies, or other non-monetary considerations.
7. Closing
Final Statements: Brief closing remarks may be made wherein the mediator might summarize the agreement, commend the parties for their effort, or explain the next steps like formalizing the settlement in court.
8. Additional Points
Time for Reflection: At any stage, parties might request time to consult privately or to reflect on new information or proposals.
Legal Advice: Parties might confer with their legal counsel during breaks or when considering settlement terms.
Emotional Support: Sometimes, especially in personal injury cases, addressing emotional aspects can be crucial, which the mediator might facilitate.