Mediation

Q. What is mediation?

A. Mediation is a form of alternative dispute resolution in which a mediator acts as a moderator at a nonbinding settlement conference, attempting to get both sides to agree to a settlement when the parties have been unsuccessful with previous settlement attempts.

What Happens at Mediation?

At mediation, both sides argue their cases to a mediator who initially speaks with both sides at the same time, then separately, and then tries to reach a settlement. While a non-interested attorney can be a mediator, we only do mediation with a retired Supreme Court judge.

Why Can Mediation Work When Settlement Efforts Have Not?

The reason that an accident case can be settled at mediation when it could not be settled before is that it’s difficult for one side to convince the other side of their argument. Insurance companies view personal injury lawyers as biased when valuing an injury case. However, the suspicion of bias is removed when negotiating with a retired Supreme Court judge.

Why Would an Insurance Company or I Consider Mediation?

The insurance company has to agree to mediation, but they usually agree to mediate because there is no downside to mediation except everyone’s time at the mediation.

What Is the Difference between Mediation and Arbitration?

The difference between mediation and arbitration is an agreed settlement versus a final decision.

There is no award or decision at a mediation. If you do not agree to accept the insurance company’s offer, you do not have to settle. Likewise, the insurance company does not have to agree to accept our demand or the amount of money the judge recommends they pay.

At a mediation, if both parties don’t agree to settle, your case continues towards trial.

At an arbitration, a final decision will be awarded, and your case will be finished.

Advantages of Mediation (to both the plaintiff and defense)

• Mediation can shorten your case by years.
• A deposition and physical exam by the defense are usually not required prior to mediation.
• Mediation usually takes one hour, while a trial usually takes two weeks. After experiencing two weeks of stress at trial, clients usually say they never want to do that again.
• Mediation can save you $15,000-$25,000 in trial expenses, which are paid back from the money you receive.
• We only mediate using retired Supreme Court judges who know accident cases and their values better than anyone.
• After the trial, juries often award too much or too little. When they award too much, the amount is usually reduced by the trial judge, reduced on appeal, or settled for much less after appealing. If your case goes to appeal, it will be decided by three judges instead of a jury, and your legal fees can go to 50%.
• Mediation is NOT binding and NOT final.

How Often Are Cases Settled at Mediation?

We have settled approximately 50% of our cases, which have gone to mediation. Sometimes, the cases that do not settle at mediation may settle within a month or two after the mediation because of the discussions held at the mediation.

The cases which do not settle go to trial. At one of our mediations, the insurance company paid the entire fee when they refused to offer more than $150,000 for our client’s concussion. Our demand was $1,250,000. We walked out of the mediation without settling. At trial, the jury verdict was $1 million.

Mediation can be good for any accident case, even serious injury and large catastrophic injury cases, because you don’t have to accept the settlement offer. We usually use one of the retired Supreme Court judges at National Arbitration and Mediation which has many seven-figure settlements with some as high as $17,900,000.

Get the 1-800-HUR-T911® Dream Team™ on your side and become a member of our family!
We’ll immediately protect you from the insurance companies!

“Knowing I had a team of great lawyers on my side gave me a sense of power and peace of mind. They took care of everything for me. When a settlement was negotiated, I saw the difference a team of lawyers makes.”
—Lia Fisse

No Win — No Fee — No Expenses — Guaranteed!

Attorneys who can get you the most amount of money AND provide personal service!

 

Please take a look at some of our:

• Client reviews
• Reviews from other Attorneys 
• Settlements and Verdicts
• FAQs about New York accidents

What will happen when I call 1-800-HURT-911 or chat?

1. Our call center operators and chat operators are available 24/7.
2. Just give your contact info to our operator and Founding Partner Rob Plevy, Esq. will call you within 5-10 minutes for your free, no-obligation consultation during the hours of 8 am – 10 pm. After hours, Rob will call you in the morning or at the time you want.
3. Then just text or call us any time you want during your case!

Because any delay could cause you to lose viable rights and benefits, please call HURT-911® Founding Partner Rob Plevy, Esq. right now for a free consultation to find out your rights days/nights/weekends.
1-800-HURT-911
1-800-487-8911

You can speak, text, or email with us whenever you want throughout your case and afterward, days/nights/weekends, and experience our famous personal service. You’ll even get our personal phone numbers so you can call or text anytime!

Watch Founding Partner Phil Franckel, Esq. talk about New York Serious Injury Attorneys.com, difficult cases, and the 1-800-HURT-911® Dream Team™

Philip L. Franckel, Esq. is one of the HURT911® Dream Team™ Founding Partners at 1-800-HURT-911® New York; He has a 10 Avvo rating; Avvo Client’s Choice with all 5-star reviews; Avvo Top Contributor; and a former Member of the Board of Directors of the New York State Trial Lawyers Association.

Founding Partner Rob Plevy, Esq.

Robert Plevy, Esq. is one of the HURT911® Dream Team™ Founding Partners at 1-800-HURT-911® New York. Rob began his legal career in 1993 as an Assistant Corporation Counsel defending The City of New York against personal injury lawsuits.

Get the HURT911® Dream Team™ on your side!
Call Attorneys Rob Plevy & Phil Franckel days/nights/weekends for a free consultation
1-800-HURT-911
1-800-487-8911