Call Anytime. 24/7

Get help now

(888) 612-7001
  • Please enter your name.
  • This isn't a valid email address.
    Please enter your email address.
  • This isn't a valid phone number.
    Please enter your phone number.
  • Please enter a message.
By submitting my information I confirm that I have read the disclaimer below.
*Any information sent to George Sink, P.A. Injury Lawyers through this website may not be secure and is done so on a non-confidential basis. Transmission of information from this website does not create an attorney-client relationship between you and George Sink, P.A. Injury Lawyers, nor is it intended to do so.

What is Mediation?

| May 20, 2010

No one ever imagines that they will be involved in an accident that results in injury, let alone mediation or trial to recover for their damages sustained in the accident. Sometimes an injury claim will not go to court and may be settled through mediation. Making the decision to mediate is best left to your lawyer, taking into account various strategic factors. It may be helpful for those who have been injured to be familiar with the "Do's and Don'ts" that a skilled South Carolina injury attorney is likely to adopt in the mediation process.

Mediation is a tool used by lawyers in which the parties to a controversy sit down with each other to talk about the claim and try to reach a resolution. It is a voluntary process in which a third-party neutral "mediator" facilitates settlement discussions between parties with the goal of resolving the dispute while it is still in the control of the parties and without the expense of trial. As soon as everyone has fairly complete information, a potentially successful mediation can be scheduled. Sometimes, filing a lawsuit is necessary to utilize the formal discovery process to obtain the information needed to completely evaluate a case and to put the case in the best posture for successful negotiations.

In a recent article, Frederick I. Hall, III of Hall & Sanders gave the following pointers for making a successful mediation:

  • Give the insurance carrier everything at least 30 days prior to a mediation.
  • Mediate at a pivotal point: you have all of the information needed to evaluate the case, but there is a pressure point where the carrier and client both have something to gain by coming to the table to talk (i.e. they will save money on expensive trial depositions; mediation will occur before unpredictable depositions that could go either way to break the case for one side or the other).
  • Carriers expect a high initial demand (within reason). Do not come off of that demand in increments that are much larger than the increments the carrier comes up on its offer. Most mediations have an unspoken script of working to meet in the middle--be very careful not to stray from that format.
  • Leave plenty of time for trial preparation if the mediation fails; try to avoid mediations too close to trial.

See Frederick I. Hall, III, "Do's and Don'ts for an Effective Mediation", The Justice Bulletin, p. 22, Fall 2009.

In our practice, we can push the collection of information and have mediations as soon as all of the information is available for the insurance company to evaluate. Here are some additional rules of thumb from Mr. Hall's article:

  • Give the insurance carrier everything at least 30 days prior to a mediation.
  • Mediate at a pivotal point: you have all of the information needed to evaluate the case, but there is a pressure point where the carrier and client both have something to gain by coming to the table to talk (i.e. they will save money on expensive trial depositions; mediation will occur before unpredictable depositions that could go either way to break the case for one side or the other).
  • Carriers expect a high initial demand (within reason). Do not come off of that demand in increments that are much larger than the increments the carrier comes up on its offer. Most mediations have an unspoken script of working to meet in the middle--be very careful not to stray from that format.
  • Leave plenty of time for trial preparation if the mediation fails; try to avoid mediations too close to trial.

The information relayed in this blog is for educational purposes only and is not legal advice. The cases referenced and explained by the blog's author(s) are for informational purposes only and are not intended to imply that certain, or similar, results may be achieved in each client's case.

Blog Home

Greenville

Google

Rate our firm and describe your experience, once you are done filling out your review click on publish.

Have a google account or Gmail? Click here and share your experience with George Sink, P.A. Injury Lawyers!

Google

Rate our firm and describe your experience, once you are done filling out your review click on publish.

Have a google account or Gmail? Click here and share your experience with George Sink, P.A. Injury Lawyers!

Avvo

Rollover stars, fill out your review and let us know if you would recommend Mr. Sink to others.

Avvo is a legal website that helps people find qualified attorneys in their area. You can help others who were once in your shoes by leaving a review for Attorney Sink on Avvo!

Avvo

Rollover stars, fill out your review and let us know if you would recommend Mr. Sink to others.

Avvo is a legal website that helps people find qualified attorneys in their area. You can help others who were once in your shoes by leaving a review for Attorney Sink on Avvo!

Yellow Pages

Click on the reviews button located next to business details and start filling out your review.
We’re thankful for having been able to help over 30,000 South Carolinians. If you enjoyed working with us, visit Yellow Pages to tell others what it was like to work with our firm.

Yelp

Roll over stars, click to rate and leave your review.

Are you a Yelper? George Sink, P.A. Injury Lawyers is on Yelp! Feel free to stop by a leave us a review.

Yellow Pages

Click on the reviews button located next to business details and start filling out your review.

We’re thankful for having been able to help over 30,000 South Carolinians. If you enjoyed working with us, visit Yellow Pages to tell others what it was like to work with our firm.

Walterboro

Florence

Google

Google

Rate our firm and describe your experience, once you are done filling out your review click on publish.

Have a google account or Gmail? Click here and share your experience with George Sink, P.A. Injury Lawyers!
Avvo

Avvo

Rollover stars, fill out your review and let us know if you would recommend Mr. Sink to others.

Avvo is a legal website that helps people find qualified attorneys in their area. You can help others who were once in your shoes by leaving a review for Attorney Sink on Avvo!
Yellow Pages

Yellow Pages

Click on the reviews button located next to business details and start filling out your review.
We’re thankful for having been able to help over 30,000 South Carolinians. If you enjoyed working with us, visit Yellow Pages to tell others what it was like to work with our firm.

Myrtle Beach

Google

Google

Rate our firm and describe your experience, once you are done filling out your review click on publish.

Have a google account or Gmail? Click here and share your experience with George Sink, P.A. Injury Lawyers!
Avvo

Avvo

Rollover stars, fill out your review and let us know if you would recommend Mr. Sink to others.

Avvo is a legal website that helps people find qualified attorneys in their area. You can help others who were once in your shoes by leaving a review for Attorney Sink on Avvo!
Yelp!

Yelp!

Roll over stars, click to rate and leave your review.

Are you a Yelper? George Sink, P.A. Injury Lawyers is on Yelp! Feel free to stop by a leave us a review.
Yellow Pages

Yellow Pages

Click on the reviews button located next to business details and start filling out your review.
We’re thankful for having been able to help over 30,000 South Carolinians. If you enjoyed working with us, visit Yellow Pages to tell others what it was like to work with our firm.

Moncks Corner

Google

Google

Rate our firm and describe your experience, once you are done filling out your review click on publish.

Have a google account or Gmail? Click here and share your experience with George Sink, P.A. Injury Lawyers!
Avvo

Avvo

Rollover stars, fill out your review and let us know if you would recommend Mr. Sink to others.

Avvo is a legal website that helps people find qualified attorneys in their area. You can help others who were once in your shoes by leaving a review for Attorney Sink on Avvo!
Yelp

Yelp

Roll over stars, click to rate and leave your review.

Are you a Yelper? George Sink, P.A. Injury Lawyers is on Yelp! Feel free to stop by a leave us a review.
Yellow Pages

Yellow Pages

Click on the reviews button located next to business details and start filling out your review.
We’re thankful for having been able to help over 30,000 South Carolinians. If you enjoyed working with us, visit Yellow Pages to tell others what it was like to work with our firm.

Orangeburg

Google

Google

Rate our firm and describe your experience, once you are done filling out your review click on publish.

Have a google account or Gmail? Click here and share your experience with George Sink, P.A. Injury Lawyers!
Avvo

Avvo

Rollover stars, fill out your review and let us know if you would recommend Mr. Sink to others.

Avvo is a legal website that helps people find qualified attorneys in their area. You can help others who were once in your shoes by leaving a review for Attorney Sink on Avvo!
Yelp

Yelp

Roll over stars, click to rate and leave your review.

Are you a Yelper? George Sink, P.A. Injury Lawyers is on Yelp! Feel free to stop by a leave us a review.
Yellow Pages

Yellow Pages

Click on the reviews button located next to business details and start filling out your review.
We’re thankful for having been able to help over 30,000 South Carolinians. If you enjoyed working with us, visit Yellow Pages to tell others what it was like to work with our firm.

Columbia

Google

Google

Rate our firm and describe your experience, once you are done filling out your review click on publish.

Have a google account or Gmail? Click here and share your experience with George Sink, P.A. Injury Lawyers!
Avvo

Avvo

Rollover stars, fill out your review and let us know if you would recommend Mr. Sink to others.

Avvo is a legal website that helps people find qualified attorneys in their area. You can help others who were once in your shoes by leaving a review for Attorney Sink on Avvo!
Yelp

Yelp

Roll over stars, click to rate and leave your review.

Are you a Yelper? George Sink, P.A. Injury Lawyers is on Yelp! Feel free to stop by a leave us a review.
Yellow Pages

Yellow Pages

Click on the reviews button located next to business details and start filling out your review.
We’re thankful for having been able to help over 30,000 South Carolinians. If you enjoyed working with us, visit Yellow Pages to tell others what it was like to work with our firm.

Anderson

Google

Google

Rate our firm and describe your experience, once you are done filling out your review click on publish.

Have a google account or Gmail? Click here and share your experience with George Sink, P.A. Injury Lawyers!
Avvo

Avvo

Rollover stars, fill out your review and let us know if you would recommend Mr. Sink to others.

Avvo is a legal website that helps people find qualified attorneys in their area. You can help others who were once in your shoes by leaving a review for Attorney Sink on Avvo!
Yelp!

Yelp!

Roll over stars, click to rate and leave your review.

Are you a Yelper? George Sink, P.A. Injury Lawyers is on Yelp! Feel free to stop by a leave us a review.

Spartanburg

Google

Google

Rate our firm and describe your experience, once you are done filling out your review click on publish.

Have a google account or Gmail? Click here and share your experience with George Sink, P.A. Injury Lawyers!
Avvo

Avvo

Rollover stars, fill out your review and let us know if you would recommend Mr. Sink to others.

Avvo is a legal website that helps people find qualified attorneys in their area. You can help others who were once in your shoes by leaving a review for Attorney Sink on Avvo!
Yelp!

Yelp!

Roll over stars, click to rate and leave your review.

Are you a Yelper? George Sink, P.A. Injury Lawyers is on Yelp! Feel free to stop by a leave us a review.