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: Nashville Personal Injury LawyerMediation is the Trend in Settling Cases
By Rob McKinney
Most personal injury cases are settled out of court . One way to settle your case is though mediation . Mediation is a non-binding form of alternative dispute resloution . The mediation process begins when both sides agree to a mediator. Most mediators are lawyers that have been in the trenches of a trial practice . The mediator is impartial and does not represent any side . Their role is try to settle the case period . They have no hidden agenda . For most of my clients , it is their first mediation . It is not a secret meeting for the lawyers . It is your day to convince the other side to settle your claim . So, be prepared . Read your medical records and the discovery .Read your lawsuit and be prepared to discuss the weaknesses in your case . Good Luck .
Full post as published by Nashville Personal Injury Lawyer on February 01, 2008 (boomark / email).
Does Mediation Hinder the Progression of Law
While mediation has been highly lauded as a "win-win" situation for all parties, this form of alternative dispute resolution is not without its critics. Owen M. Fiss has stated that mediation prevents the progression of law, thereby inhibiting the courts from fulfilling their role in society...
Great Series on Mediation Preparation for the Advocate
Bay Area Mediator Nancy Hudgins has an excellent series for the mediation advocate on how to properly prepare for mediation. She takes the approach that since “more than 98% of cases do NOT go to trial,” the mediation advocate should set aside meaningful time to mediation preparation...
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Mediation is a very popular and widespread process used to resolve disputes, especially in divorce cases. In many places . . ., mediation is virtually a requirement before a case can go to trial...
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As Geoff Sharp put it, New Jersey lawyer Donald Vanarelli “gets it.” He understands that since the great majority of cases are resolved before trial during mediation or in settlement negotiations while fewer and fewer cases are tried, attorneys should prepare for mediation with the same seriousness and discipline they display in preparing for trial...
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