What Happens in Mediation?
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Dispute Resolution Lawyer Offers an Example of a Mediation Case
In many legal cases, mediation may be a requirement or strongly suggested by the Court. In mediation, the opposing parties and their attorneys will meet with a third party negotiator, the mediator, to try to come to an agreement. Everything discussed in mediation is confidential, as the goal is to come up with a mutually-agreeable settlement to the case. Mediation can take place while litigation is ongoing. In this video, Florida dispute resolution attorney Mike Eidson offers an example of mediation through one of his past cases involving wrongful death.
I had a case where my client had run into somebody and had an accident. They ran into the back of a car, bounced off and hit a man that was walking along the side of the road and killed him. He didn’t do anything wrong. He had a widow. My client had never apologized to the widow. Unfortunately, he got knocked out by the air bag in his car so I knew before the mediation that she was really upset that he had never sent a letter or called or apologized. Well, he didn’t because the insurance company told him not to, but this was one place because everything in mediation is confidential, so this is one place where you can let it go and you can act like a human being, you know? And you get to talk one on one with each other. So she comes in and sits down and he says, ”I’m so sorry for what happened to your husband. I know this is the most terrible thing that could happen to you,” and does a beautiful job, heartfelt job of actually saying I’m sorry. He didn’t say it was his fault, he said I’m sorry that this happened and I’m sorry for your loss and I hope that we can get this resolved. And we did! We settled it.
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