Personal Injury Mediator in Brevard County Florida: Mental Preparation for Mediation

A personal injury mediator in Brevard County Florida may give parties’ legal counsel a checklist or other document that explains how to prepare for mediation.  Personal injury claims are increasingly being handled through the mediation process.  Attorneys have come to realize the advantages of using this process over litigation.  However, the parties may not be familiar with the process.  A personal injury mediator in Brevard County Florida may provide the following suggestions to legal counsel on preparing their clients for mediation:

Explain the Function of Mediation

The parties should have a clear understanding of what mediation is and is not.  The parties should understand that mediation provides the parties with the opportunity to resolve their legal issue on their own terms.  They can avoid the uncertainty that is often associated with a trial.  They should know that communications shared during mediation are confidential and cannot repeated in court if they ultimately do not settle their case.  During mediation, the parties may develop a better understanding of the potential issues that may impact their case.  They will also have the opportunity to see what the other side’s case will likely look like.

Explain the Benefits of Mediation

The parties should have a good understanding of the benefits of mediation.  In addition to the cost savings, the parties should be informed about the potential to resolve the case long before a trial would ever occur.  This creates certainty regarding financial loss to the defendant and a faster payout for plaintiffs.