Personal Injury Mediator in Melbourne FL: Steps after No Settlement


A personal injury mediator in Melbourne Florida can explain that not every dispute is successfully settled in mediation.  Sometimes the parties are not ready to settle when they go through mediation.  However, this does not mean that mediation was fruitless.  A personal injury mediator in Melbourne Florida can help define the failure, explain the next steps and offer suggestions regarding options other than litigation so that the participants can walk away with better information than they had when they arrived.

In some cases, the parties may not agree to settle because they have a fundamental disagreement about the facts of the case.  The defendant may fiercely contest liability.   In these types of cases, more discovery may help clarify things better.  A mediator can help the parties to reach an agreement as to facts and timelines.  A subsequent mediation session may be scheduled after all of the facts are in order.

In other cases, the parties may not have a great deal of trust toward each other.  In personal injury cases, there may not be any previous relationship from which to draw experiences or shared values.  A mediator can address this problem by getting a clear understanding of the obstacles preventing the parties from moving forward with a settlement.  The mediator can lay out the next steps which may include an additional mediation session, conducting additional discovery, undergoing a medical examination or taking other action.