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Mediation Tips from a Personal Injury Mediator

A personal injury mediator in Chicago Illinois helps parties clarify the facts and timeline involved in a personal injury case and move toward a settlement of their claim.  Some suggestions that a personal injury mediator in Chicago Illinois may recommend include:

Request a Representative with Settlement Authority

When dealing with an insurance company, it is important that the person sent to mediation to represent the defendant has the ability to settle the claim.  Otherwise, the parties may spend the entire time working steadily toward a goal and this goal not being realized at the last minute.

Be Involved in the Selection of a Mediator

One of the biggest advantages to mediation is the ability to select the mediator.  This should not be a task that is simply handed over to the other side.  Make sure that the mediator you select is someone who is experienced with personal injury cases and insurance defense.

Summarize the Settlement History 

When walking into personal injury mediation, do not feel that you have to start at the beginning.  Wherever negotiations dropped off, start there.  This allows the mediator to save some time by not having to start from nothing or from the stars.

Use Reason to Estimate the Value of the Claim 

Both defendants and plaintiffs may have unrealistic perspective on the value of the claim.  However, the defendant should keep in mind that the potential value of the claim is based on what a jury may find.  The plaintiff must realize that it is possible to receive absolutely nothing for the claim.  However, the true settlement value is based on what the plaintiff is willing to accept for the claim in order to drop the case.