Mediation  tips

Get your settlement agreement SIGNED at the mediation! Jul 17, 2017 by David Hiers

A mediated settlement is not final or enforceable, until a written agreement is signed by all the parties and their counsel.

Schedule enough time for your mediation! Jul 17, 2017 by David Hiers

Analyze your case before scheduling mediation. There is nothing more frustrating than making progress during a mediation only to run out of time because a party (or the mediator) must leave due to other commitments or an early flight.

Attendance by phone Jul 17, 2017 by David Hiers

If a party or adjuster is to attend by phone, or a party is not going to attend at all (usually in the case of an insured defendant), discuss attendance with opposing counsel and obtain their permission before mediation. If you show up at the mediation without first consulting opposing counsel and do not have […]

Three questions to identify the best time to mediate. Jul 17, 2017 by David Hiers

1. Do I have enough information to properly evaluate my case? 2. Does the other side have enough evidence to support my evaluation of this case? (To encourage them to compromise.) 3. Do I have enough information to realistically compromise? (e.g. status of liens, set-offs: Worker’s compensation, social security, medicare)