The Mediation Process Described

Mediation is the best chance to resolve your case prior to trial. Mediation is beneficial because trials are costly and can be unpredictable. That being said, Falconeri Munro Tucci LLP will not agree to mediate until your case is ready for trial because this puts you in the best possible position for a fair and favourable resolution of your case.

What is mediation? Mediation is a non-binding dispute resolution process run by an experienced mediator. The mediator does not impose a decision on the parties; instead, a mediator is an unbiased third party who acts as an intermediary between the two parties involved to assist them in trying to resolve the matter.

At mediation, you and your legal counsel from Falconeri Munro Tucci LLP will meet with the mediator and with the representatives from the insurance company (the company insuring the party responsible for the accident) along with the insurance company’s legal counsel.

The mediator will speak directly to you to explain the mediation process. Again, the mediator’s task is to do the best job possible in resolving the case. The mediator is not there to take sides; only to use his or her experience to help settle the case so it doesn’t go to trial. Everything discussed in the room is confidential.

Next, the lawyers representing both sides will have the opportunity to give a summary of their side of the story. After the summaries have been given, both parties will go into separate rooms. That’s when the mediator will begin to go back and forth, from room to room, in an attempt to reach a resolution.

The first offer of settlement will typically be presented by your legal counsel at Falconeri Munro Tucci LLP. The mediator will then take that offer back to the other party. After some time passes, the mediator will re-enter the room with the other side’s counter-offer. This process continues back and forth in an attempt to present a solution that is acceptable to both parties.

If a resolution is eventually made, you will sign paperwork called Minutes of Settlement. The Minutes of Settlement outlines all of the terms agreed upon during mediation—your case has been resolved. However, if a resolution is not made, the case then moves to the next phase in the litigation process.