Personal injury mediation in Jacksonville,Florida maybe suggested by one of the parties if they reach an impasse in negotiations. Some strategies that can maximize the benefits of personal injury mediation in Jacksonville, Florida include:
Mediate at the Right Time
Ideally, you should not agree to mediation until the other party has made a reasonable written offer to resolve the case and agrees to bring a representative with full settlement authority to mediation. Otherwise, mediation may be premature or may result in hours of negotiation that are fruitless because the defendant cannot accept an offer without further approval.
Let the Other Party Pick the Mediator
If you are interested in mediation, an early strategy may be to allow the other party to select the mediator. This can make the other party more willing to work together and also to select someone whom he or she trusts.
Donot Let the Other Party Dictate the Value of the Case
Do not buy into the other party’s theory about the value of the case. If you are the injured victim, the other party may say that your claim is only worth certain damages or a multiple of your damages. If you are representing the defendant’s interests, you may be overwhelmed with inflated levels of damages that seem out of line with previous cases. It is important to understand that the settlement value of a case is what both parties are willing to accept rather than moving forward with a trial.
The mediation process can provide important education to help the parties reach a more realistic settlement value. The defendant may realize that the victim has suffered substantial injuries that have impaired his or her ability to work while the victim may realize that the defendant can only offer damages up to insurance policy limits.