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

Asked over 1 year ago - 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. James V. Monaghan

    Contributor Level 14


    Lawyers agree


    Answered . 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. Richard Alan Jaffe


    Contributor Level 13


    Lawyers agree

    Answered . 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... more
  3. Geoffrey Hillsberg


    Contributor Level 12


    Lawyers agree

    Answered . This question really should be addressed to your attorney. I agree with the others that you should not assume anything about how the deposition 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.

  4. John Francis Kennedy

    Contributor Level 10


    Lawyers agree

    Answered . 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.

  5. Robert Bond

    Contributor Level 10


    Lawyers agree

    Answered . 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...

  6. Fred Constantine Soilis

    Contributor Level 4

    Answered . 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.

  7. Lawrence D. Kaechele

    Contributor Level 2


    Lawyer agrees

    Answered . usually prior.

  8. Michael Loghmana

    Contributor Level 8


    Lawyer agrees

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

  9. Robert S Kinney

    Contributor Level 4

    Answered . 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.

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