Why Mediation Matters

There are several advantages that mediation offers over a trial. The first is the amount of time it typically takes. While mediation can be resolved in a few sessions, litigation can take months or even years just to secure a trial date. This leads to the second advantage, affordability. Court costs and lawyer fees can add up during an extended trial. But perhaps the biggest advantage is that it gives both sides greater control over the outcome. Rather than leave a decision up to an often unpredictable jury, both sides can craft a decision that resolves their issues while keeping sensitive medical and financial details out of the public record.

Because of these advantages, many courts in the state of Georgia will encourage and even require mediation before a personal injury case goes to trial to help ease crowded court dockets and provide both parties with an amicable path toward resolution.

Is Mediation a Waste of Time?

Quite the opposite. Mediation gives you the opportunity to work directly with the insurance company, rather than involving the courts. The mediator’s job is to move both sides closer to a resolution, and as such they will allow you to present your injuries, lost wages, medical expenses, and pain and suffering in a way that the insurance company must respond to with an offer. The result of this process is often fair settlements that would have been otherwise impossible to reach.

And even if an agreement can’t be reached through negotiation, the process often eases an eventual trial, saving months of time in court and related legal fees it brings. It also offers far less emotional toll than a trial, which is part of the reason why courts may schedule further mediation sessions before a trial can be held.

How Mediation Works

Before mediation begins, each side presents their perspective with the mediator, showing them the information they have about the accident and the damages it caused, as well as the nature and expense of subsequent medical treatments. Meeting privately with each side in what’s known as a caucus, the mediator will then discuss terms – the goal each side is trying to reach and the offers they’re willing to make to get there.

The two sides might not ever share the same room, with the mediator moving back and forth to relay information and present potential compromises in a confidential environment. Nothing said during mediation can be used in court save for whatever agreement both sides ultimately reach. If that agreement is reached, it is put into writing, becoming legally binding. If it isn’t, mediation continues or the entire affair heads to trial.

Because of this collaborative approach, mediation is useful in a number of different situations. For example, when both the injured party and the insurance company both agree that a claim exists but can’t come to an agreement on the amount of compensation, particularly when negotiations over the amount have stalled. It is also useful when both parties are open to compromise, but the complex nature of the case make compromise difficult, owing to the severity of the injuries or there being multiple parties involved.

If one party refuses to negotiate or accept responsibility, mediation may not be as effective. In those situations, litigation may become necessary.

What Types of Mediation Do We Practice?

Mediation has proven to be an effective strategy in a multitude of different cases including:

• • Car, truck, boat or motorcycle accidents
• • Traffic accidents involving pedestrians or bicyclists
• • Injuries sustained in a rideshare, on construction sites or on the premises of a business or workplace such as slip and fall or trip and fall
• • Accidents caused by negligent security or faulty products
• • Dog bites or animal attacks
• • Accidents causing serious spinal or brain injuries, severe burns or death

One of the most wide-ranging types of cases that are often successfully resolved through mediation involve medical malpractice and negligence. Whether it was a diagnostic error; a mistake during surgery, anesthesia or treatment; negligence on the part of staff or the entire hospital or nursing home; failure to obtain consent or communicate with patient; failure of a medical device; psychiatric malpractice; failure to treat; radiology or lab errors; or injuries suffered during childbirth; we have seen mediation prove successful in a number of medical cases.

The Value of a Certified Mediator and Trial Attorney

As a seasoned trial attorney and certified mediator, Will Claiborne brings a dual perspective to the table that provides a unique advantage over most personal injury lawyers. Generally, attorneys specialize in one of two areas – negotiating cases or settling them in court. Claiborne’s extensive experience in both arenas gives him strategic insight into each side’s methods that secure the best outcome possible for you.

His experience as a certified mediator helps him understand exactly how insurance adjusters and defense attorneys determine the value of a settlement, how they can be motivated to pay more, and how to negotiate toward a fair resolution. More than just communicating with each side, his skill lies in reading each side to truly understand what they need in order to reach an agreement, then framing the conversation in a way that compels them to act. Many injury victims feel the pressure from insurers to take a minimal payout, ignoring the emotional suffering you’ve endured and the long-term impact to your quality of life, but Claiborne forces the insurers to come face-to-face with the real value of your claim.

His experience as a trial attorney brings with it a different kind of leverage, as insurers know going into negotiation that Claiborne is ready to take your case to court if need be. His credibility as a trial-ready attorney makes him formidable during mediation, signaling to the insurer that leaving a decision on fair compensation to a jury is never off the table. Knowing this, they will approach negotiations with a far more reasonable perspective.

His dual skillsets allow Claiborne to balance pressured negotiations with empathy, maintaining a calm yet persuasive atmosphere in negotiations while ensuring that courtroom advocacy remains an option if necessary. In a personal injury case, where attaining financial relief in a timely fashion are keys to recovering and being made whole, he presents a way forward with fewer delays, less stress and greater potential compensation. Negotiating like a diplomat and fighting like a warrior, Will Claiborne is a dual threat who knows the best possible avenues to secure the best result for you.

Frequently Asked Questions

Q: What is a good settlement for a personal injury?

A: The best settlement is one that makes you whole again, covering medical bills and lost wages and ensuring you receive the care you need in the future. As a reflection of your injury’s financial and emotional impact, there is no one-size-fits-all, meaning a settlement could range from a few thousand to millions of dollars. Your attorney will gauge the severity of your injury, the long-term impact and your recovery time to calculate the exact value of your claim, often beyond what the insurance company is willing to pay.

Q: What percentage of cases are settled through mediation?

A: A vast majority of them, owing to the way mediation is oriented toward a resolution. Even if the first mediation session doesn’t prove fruitful in securing an agreement, it opens the door to more productive negotiations down the line that lead to a settlement.

Q: What should I avoid saying during mediation?

A: You don’t want to weaken your position during the mediation process, so it’s best avoid any language that shift the blame to yourself or minimizes your injuries. When in doubt, remain calm and respectful, focus on what’s fair and what you need, and let your attorney do most of the talking.

Q: How long does a settlement take after mediation?

A: Typically, settlement paperwork is completed within a few weeks of reaching an agreement, with payment being issued within 30 days or more of signing. Your attorney will handle all the details of your payment from medical liens to releasing claims to ensure you receive your check quickly.

Q: How long does an injury mediation take?

A: While most mediations last between three and six hours, more complex cases can take several consecutive days. Even if mediation does require further sessions, the process is still much faster than the months or years of a trial. It all comes down to open communication.

Q: Is a settlement guaranteed through mediation?

A: Mediation is not a guarantee of a settlement, but it is your best chance at reaching one. This is a voluntary process, one that both sides must agree to before anything is final, and can often lead both parties closer to resolution even without a settlement.

Q: What are the downsides to mediation?

A: There are cases where insurance companies refuse to negotiate fairly, leaving you frustrated and feeling like you’re not accomplishing anything. But your risk is overall very low, owing to the fact that nothing said in mediation is usable in court. Even if you experience frustration, it is far outweighed by the time and money you save and the stress you avoid through mediation.

The Claiborne Firm offers an hour-long mediation consultation for a flat $450 fee, giving you a better understanding of your case and the options before you. As part of this consultation, Will Claiborne will go over the facts of your case, gain an understanding of your goals, and outline the mediation process that suits your specific need. If you choose to move forward with him as your attorney, you’ll be given a clear, transparent strategy to move ahead towards mediation, along with a customized retainer agreement. If not, you will at least leave the consultation with a clearer idea of how to proceed and make more informed decisions in the fight ahead.

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