Who decide when its time to have a mediation to try to settle the case the defendents or the other side

Asked 10 months ago - Pittsburgh, PA

malpractice case

Attorney answers (5)

  1. Patrick S. Mintzer

    Contributor Level 7

    4

    Lawyers agree

    Answered . It is generally something that is agreed to by both sides. Either party can request a mediation. Obviously, both parties need to be in agreement for the Mediation to be meaningful.

  2. Christian K. Lassen II

    Pro

    Contributor Level 20

    4

    Lawyers agree

    Answered . Either side can suggest it

  3. Philip Anthony Fabiano

    Contributor Level 20

    3

    Lawyers agree

    Answered . Mediation has become very common but not required. Either side can suggest it but both side must be willing to settle the claim for mediation to be an option.

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  4. Joseph Jonathan Brophy

    Contributor Level 20

    4

    Lawyers agree

    Answered . Sometimes the court requires mediation. Sometimes the parties agree to do it. For a mediation to succeed, both sides have to want to settle. A mediation is as much a test of lawyers' skill as any other part of a case. Never go into a mediation without a good, well prepared lawyer on your side..

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  5. Paul Adams Lagnese

    Contributor Level 9

    Answered . If the case is in Federal Court the Court will mandate the parties engage in mediation. In state court both sides have to agree. Generally since the defendant has the money they need to be the one to suggest mediation.

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