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What is a Mediation?

Written by: Mark Allan Anderson

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Posted over 2 years ago. Applies to Texas, 0 helpful votes, 0 comments

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What happens at a mediation?

At some point, a case is usually referred to mediation, which is essentially a meeting where all the parties and their lawyers get together to see if the case can be settled before trial. The mediation is run by an unbiased attorney called a mediator. At first, all of the people attending the mediation sit in one room and the attorneys discuss their client's positions. Then the parties go into separate rooms and the impartial mediator moves back and forth between the rooms, delivering offers and counter-offers. A good mediator does more than act like a carrier pigeon, and will challenge the attorneys and their clients to realize and discuss the strengths and weaknesses in their cases.

When does a mediation happen?

In most counties in Texas, the court will order you to mediate at some point before trial. Some cases go to mediation more than once. The cases usually go to mediation once all of the written discovery is completed and some of the depos are done. The attorneys and the insurance company usually have a good idea about the case at that point. In other words, each side is ready to mediate as they have figured out a value for the case. Local statistics show that about 85 percent of injury cases that go to mediation actually settle that day or soon thereafter.