Personal Injury Mediator in Brevard County, Florida: When the Two Sides Disagree on Value of Claim


A personal injury mediator in Brevard County, Florida is an objective third-party whose only interest in the process is aiding the parties to reach an agreement. In other forms of mediation, the parties may have a relationship to preserve or may be able to use creative solutions to resolve their dispute.  However, in personal injury cases, monetary damages are the primary form of relief.  A personal injury mediator in Brevard County, Florida may spend a significant amount of time during the mediation process trying to get the parties to agree to a value of the claim.  Some techniques may include:

Humanizing the Process 

Mediation allows the parties to meet face to face and to get the claim off of an adjuster’s desk.  This process can allow the adjuster to see the victim as a person and to take into account the very real problems that the accident caused.  It also gives the adjuster an idea about how the victim may appear to a jury and whether he or she may be sympathized with if the case does not settle.

Using Brackets 

One effective technique to attempt in personal injury mediation is the use of brackets.  These brackets set the high and low potential settlement amount.  If the parties can agree to the use of a bracket, they take a lot of stress off the table because they are agreeing to agree ahead of time.  They can then spend the remainder of time during the mediation process to narrow down on the exact settlement value.