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Who does a defense attorney need authority from to get a mediation? My accident happen almost 3 yrs ago. I want to move-on life.

Jamaica, NY |

I was hit by an out of control private school bus while standing on the sidewalk 3 yrs ago. My lawyer tell me over the phone. Note of Issue being filed. Motion for summary judgment is on before the Judge in February. The defense attorney is trying to get authority to mediate.

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Attorney answers 11


Assuming that the private school bus was insured, the defense attorney needs to get permission from the vehicle's insurance carrier before proceeding with mediation. Even if the carrier does agree, it is usually advisable for your attorney to get defense counsel to make an offer before spending the time energy and money on a mediation. If the carrier will not make a good faith offer, it may not be fruitful to go through a mediation.

Good Luck

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The money used in the disposition of a case does not belong to defense counsel, it is the insurance company's. They ultimately have the authority in all such decisions.

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These are all positive signs that the case is moving along.

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The defense attorney needs to get settlement authority from his/her client (the bus company) to settle the case. The private school bus company may be waiting to see how the summary judgment motion is resolved prior to issuing any settlement authority. Good luck.


It sounds like your lawyer has it under control.

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The defense attorney does not have the authority to mediate, that must come from the insurance company. Mediators cost money and the insurance company has to agree to foot the bill.


The defense attorney can only do what their client, the insurance company, authorizes them to do. Be patient - these things often take time to be done properly.

DISCLAIMER: This information is for general information purposes only. Nothing stated above should be taken as legal advice for any individual case or situation.

Jonathan Read Peirce

Jonathan Read Peirce


On further reflection, I should clarify that the defense attorney's client is the defendant, not necessarily an insurance company.


The insurance company or self-insured client must give the authority for mediation. The defense attorney makes no decisions and can only offer money or go to mediation with the authority given to them by the insurance company or self-insured party.


The defense attorney needs to get permission from the insurance company to mediate your case. You have an attorney who appears to be moving your case along. Have a discussion with your attorney to get more information about the procedures being followed in your case.


The insurance carrier

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There are insurance companies in NY that do not like to mediate, such as Allstate. Since it is not mandatory, unless both parties believe it could lead to a settlement it could be a waste of time. Be patient. Your case is on the calendar. If you have significant injuries, getting it right is much more important than getting it quickly.

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