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Does workers comp normally like to settle prior to mediaiton or during?

Wilkes Barre, PA |

I have a mandatory mediation in two weeks. I do have an attorney. My Dr's deposition was last week, have not heard anything so, I'm guessing all went well. But, do insurance companies normally like to settle prior or during mediations?

Attorney Answers 9


  1. The point of mediation is to settle your case. Sometimes cases do settle right before the mediation but typically they settle during the mediation. You should meet with your attorney prior to the mediation so that you cancome up with a game plan for the negotiations.


  2. Since you have indicated that you do have a Attorney, this question is best posed of your own counsel.

    I would not assume anything regarding how well your Deposition went, and again, I would inquire of your Attorney as to what transpired during the course of the deposition and what effect, if any, it had upon your case.

    As noted above, the purpose of the Mandatory Mediation Conference is to attempt to facilitate settlement between the parties. My experience has been that the Mandatory Mediation Conferences are far less successful than Voluntary Mediation Conferences.

    You should contact your Attorney to discuss what the status of negotiations is prior to the Mediation Conference and further, to discuss what you can expect to occur during the course of same. Please keep in mind that although the Mediation Conference is mandatory, it is not binding and you're not required to sell your case during the Mediation Conference if you're not happy with the Defendants offer.

    This answer to your legal inquiry is based upon the limited facts stated in your question. Accurate legal advice is based upon an exchange between a lawyer and a client. The lawyer can then ask about other facts that may change or confirm the answer. Without that exchange, this reply should be considered limited in value. You should rely on this answer only at your own risk. Direct consultation with a lawyer is always recommended. Answering your question does not create an attorney-client relationship. The answering attorney is licensed in Pennsylvania and all answers are given pursuant to Pennsylvania law, unless otherwise indicated. If you have further questions regarding your issue, or my answer you may contact me to discuss this issue further by calling 215-496-9607 or sending an email to rjaffe@phillyworkinjury.com


  3. In general, there is no benefit to insurance company to settle before mediation... You need to work with your attorney to use mediation to your advantage...


  4. It is all case specific and I don't think there is a general standard.


  5. This question really should be addressed to your attorney. I agree with the others that you should not assume anything about how the deposition went...you should ask your attorney. In my experience, cases that have been assigned a mediation date usually do not settle until mediation. It is possible to settle sooner, but it is not as common. Call your attorney and have him/her answer all of your questions.


  6. I am continually amazed (and concerned) that clients ask questions on a web page about their cases when they are already represented by a lawyer. This question should be directed to your current lawyer. Good luck.


  7. The point of a mediation is to enter into a discussion and negotiation to settle a claim, with the mediator playing a central role in seeking a consensus among the parties. In my experience it would be unusual for an insurance company and my client to resolve a matter on the eve of a mediation, but a consensus can be reached at any time. You should discuss your upcoming mediation with your lawyer, who can provide better insight on your specific circumstances.


  8. Most insurance companies settle during the mediation. Insurance companies use the mediation and the mediator as a way to try to get the case settled in the range they are willing settle the case.

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