In Texas, the majority of lawsuits are required to go through mediation before they can go to trial. Being well prepared for mediation is a key element to its success.
There are a number of things that should be considered when preparing for this process.
•1. Know the Mediation Process
Understanding the process is a key element to making mediation successful. Often times it is good to know why you are there, who will be there, and the actual process. There can be a number of people attending mediation, including:
•1. Your Attorney - Your attorney will be present with you, accompany you through the process, and answer any questions you may have.
•2. A mediator - This is a person designated as a neutral third party to act as a facilitator to the agreement. The mediator does not make the final decision. Again, it is an agreement.
•3. Insurance Company Attorney - Often times the insurance company attorney is the one that took your deposition before mediation or who has directly dealt with your attorney to try to resolve the claim.
•4. Insurance Company Adjuster - Occasionally a representative of the insurance company will be present at the mediation. If present, they will likely be the person making the final decision in settling the case (amount etc.)
•5. Defendant - The defendant or adverse party.
•6. Subrogated Party - A representative from your insurance company may attend the mediation. If your insurance carrier has paid out property damage expenses or medical payments they have the right to be paid back by the adverse carrier.
2. Talk to Your Lawyer About Your Expectations
Mediation can be a very confusing process and arriving prepared is very important. Talk with your attorney about what the process will be like, your expectations for a settlement, and what you can reasonably expect.
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