Mediation can be a very nerve wracking experience; although it shouldn’t be.
But I get it.
For the majority of Plaintiffs involved in a personal injury case, it’s your first time participating in a mediation. You don’t know how a mediation works, what to do, what to wear, what to expect, or how long the mediation will take place that day.
Your personal injury lawyer should prepare you for these questions and fears, but no amount of preparation will get you ready for the real thing. You have to do it, and go through the highs and the lows to really know it.
It’s important to know at mediation, there is no Judge; no Jury; no recording devices. You cannot “win” or “lose” at mediation. The case will either settle, or it won’t settle. Sometimes, even when the case doesn’t settle, it may resolve shortly thereafter because the parties have sought additional authority, or have had some time to let the position of the other side sink in. Either way, there is no Judgement or Verdict coming out from the mediation process.