Tort Reform
Mediation: A New Process for Personal Injury Cases
As lawsuits become more expensive and more time consuming for the client, the court system, as well as attorneys have sought other avenues to settle disputes between parties. One area of Alternative Dispute Resolution which Inserra Law Offices has found to be successful is mediation.
Mediation consists of a neutral third party acting as the mediator, who then reviews the issues presented by the attorneys and listens to both sides impartially.
The mediator will meet with all parties at the beginning of the conference. Each side will state its position. The mediator will then visit with each party separately and confidentially to discuss the strengths and weaknesses of the positions and reasonableness of their goals. The mediator helps with the negotiation process and, at an appropriate time, brings the two parties back together, and if they agree, the matter will be settled.
The length of the process may take only a few hours and is done in a totally confidential manner. No notes or records of the process are admissible for any later purpose.
The mediator does not act as judge, only as one who attempts to encourage an agreement.
Mediation should not be confused with arbitration, where the arbitrator may make a decision that is binding upon both parties even though neither is happy with the decision. Mediation is a non-binding recommendation from the mediator. A decision is not reached unless both parties agree.
"The mediation process lets the client stay in total control of the claim," says John Inserra, partner in Inserra Law Offices. "Unless our client agrees to the proposed agreement, there is no agreement and we continue through the normal stages of litigation."
Aside from client control, time is another factor that favors the mediation process. "With the backlog of cases on he court dockets," John says, "mediation is an alternative that dramatically improves the chances of settling a case long before a trial would ever occur. This allows the client to get back on his or her feet much sooner."
Another added benefit of mediation is the reduction in costs of handling the client's claim. Trial related expenses can add up over time, but with mediation, these expenses are reduced or sometimes even bypassed altogether.
Although mediation is not ideal for every type of claim, Inserra Law Offices is pleased to offer mediation as a sensible alternative to the court system. Please e-mail or call
6790 Grover Street, Suite 200 • Omaha, Nebraska 68106-3612
TEL: 1-402-391-4000 • TOLL-FREE: 1-800-642-1242 • FAX: 1-402-391-4039
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