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Lawyer Greg Stokes Explains Mediation

After a case has been filed and investigated, and a trial date is near, most courts will tell the attorneys for both sides to try to settle the case in a mediation.

Mediation is a discussion that includes the victim(s) and their attorney, and the insurance company’s adjuster and attorney. It is overseen by a “mediator,” a neutral person who is usually a lawyer or retired judge specially trained to help the people involved work together to settle the case. Mediation usually takes about a day.

There are two kinds of mediation:

1. The first kind is “mandatory” mediation, which happens when the court orders the parties and lawyers to try to settle the case. Mandatory arbitration is less likely to lead to a settlement because the insurance company does not want to be there and it generally will not offer a good settlement.

2. The second kind is “voluntary” mediation, where both sides are there willingly. It may take a day or more of mediation, followed by talks between the attorneys, but it is more likely to lead to a good settlement. A voluntary mediation usually happens because both sides want to reach a settlement so they can avoid a trial, since neither side can predict for sure how big or small the jury award will be.

Stokes & Kopitsky has the experience and knowledge needed to handle the most complicated injury and death cases. We have handled hundreds of serious injury and death cases that have resulted in significant settlements or jury awards, including cases that have been settled during or after mediation.

Please call Stokes & Kopitsky any day, any time, for your free consultation. We have live-person answering 24/7. There is no fee unless and until we obtain an award or settlement for you, and we advance all costs. We have the skill to settle your case before trial, or to take your case to trial if it cannot be settled for a satisfactory amount. Please call us toll-free at 800-700-5050 for experienced, caring, high-quality legal help.

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