The Role of Mediation In A Personal Injury Claim

Following a mediation session, there is no consensus imposed on anyone that has taken part in that same session. Instead, the mediator helps the 2 sides to reach a conclusion, one that both of them can accept. It is essential to know about the mediator’s background. They need to have knowledge of the law and have to be trained in dispute resolution.

The mediator’s role

The mediator should serve as a disinterested 3rd party.

The mediator steers the 2 parties around any obstacle that gets created during the course of the expected dialogue.

The phases of a mediation session

• The session starts with the submission of a mediation statement from each party.
• Each party reviews that statement in the presence of both the mediator and the opposing side.
• Each statement calls attention to the facts that the submitting side feels to be relevant.

The mediator guides each side’s response to the other side’s statement.

Each side has a separate session with the guide/mediator. In other words, during that separate session, the other side is not present. Still, the mediator’s ears have heard the other side’s points. It then becomes the mediator’s/guide’s job to encourage a readiness by each party to consider the other party’s points.

During the course of their training, mediators learn how to push two sides together by encouraging each side to look more seriously at the other side’s viewpoint. In other words, mediators use the separate sessions to get each party ready for the final phase. During that final phase, the 2 parties meet with each other.

During that meeting, they must strive to come to an agreement. The 2 of them are supposed to agree on a resolution that both find acceptable. Well-trained mediators can put the opposing parties in a mindset that facilitates achievement of the desired goal for that final phase.

What happens after the opposing parties agree on a resolution?

Then the mediator writes-up a memorandum, which gives details on the agreement reached during the mediation session. The memorandum gets signed by the lawyers that are representing each of the opposing sides.

The signed memorandum is not a formal paper. The formal paperwork gets filed later.

Why is no one concerned about completing all the formalities that go with a legal process?

Most legal processes have been designed to set the stage for a meeting of two people that seek an imposed resolution to a controversy. Those taking part in a mediation session have no desire to impose the will of one person upon another person.

Even after the memorandum has been signed by Personal Injury Lawyers in St. Catharines, either lawyers’ client could request discussion of a possible change. Such a change might be agreed to, and then made before the filing of the formal paperwork.

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