LEGAL GUIDE
Written by attorney Jodi Brenner Ginsberg

How a Mediation can Help You Recover a Lump Sum Settlement

Mediation can be a very effective tool in reaching a fair settlement of your Georgia workers’ compensation case. As I discuss in this video, workers’ compensation judges do not have the power to order the insurance company to pay out a lump sum, so the only way to reach a cash settlement would be through direct negotiation with the insurance company or through a mediation involving a neutral third party.

I have found that mediation can be very effective if we choose the right time to negotiate and if we choose the right mediator. An impartial mediator will help both sides look at the strengths and weaknesses of your case, and a good mediator will offer input about a reasonable settlement value. This can be very helpful if the insurance company has an unreasonably low estimate about the value of your case.

In many ways a mediation is kind of like a mini-trial of your case, but either side can back out if negotiations hit an impasse. My experience, however, has been that if you have a strong case, a mediation can be the most effective tool to reach a fair, lump sum settlement.

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