Alternative Dispute Resolution/Mediation

For those of you who have never handled a tractor-trailer case, there are three major concerns. The first is: How do I get a tractor-trailer case? The second is: How do I handle it once I get it? The third is: How do I get it resolved quickly and for top dollar? The first two questions are for another day. However, the third question can be answered simply by mediation.

Most of you are familiar with mediation. It is a voluntary process whereby a third party mediator attempts to get the parties involved (i.e., plaintiff, motor carrier and driver) to agree upon the settlement without the need for expensive and protracted litigation, including appeals. I can honestly say that most plaintiff attorneys, motor carriers and drivers understand the benefits of mediation. Two of the main driving forces behind mediation are cost and certainty. The longer the discovery process continues in a tractor-trailer case, the higher the cost for all parties involved. Typically, the largest cost in these type cases for the plaintiff includes, but is not limited to, expert expense and the potential for supporting a disabled and/or catastrophically injured client. After all, if you represent a plumber who was the sole breadwinner in his family which consists of a wife and three minor children, who pays the bills while he spends the rest of his life fighting to survive? Hence, early resolution, assuming it is adequate, is extremely important. For the defense, expert cost is also a major factor along with simply needing to know the final result so that they can absorb the hit and continue in business. In other words, certainty in knowing the amount of a settlement is very important for a motor carrier, and, therefore, mediation is often welcomed.

When to mediate can vary. In other words, I have settled numerous cases at mediation prior to filing suit simply because the facts were obvious and the case involved death. In some cases there is simply no reason for either side to procrastinate under the circumstances. I have had other cases where liability was stipulated to after suit was filed, and the discovery process was required simply to determine the permanency of the injuries so that an appropriate value could be settled upon. On the other hand, I have had cases that have gone through the entire discovery process fail to settle at mediation and thereafter settled in the Judge's office on Monday morning when the Court applied the appropriate pressure to the sticking point. Mediation is an excellent tool to get these type cases settled so that your client can receive a fair and adequate amount without the nightmare of going through trial just to win a large award and then have it whacked on appeal for no apparent reason other than the fact that you won. Hence, I strongly recommend and urge you to get your case to mediation with an experienced, well-known mediator as soon as possible after signing the case. Good luck!

Contact Auburn tractor trailer accident attorneys at Walton Law Firm to evaluate your case & determine the best way to resolve your dispute through skilled mediation.