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How The Personal Injury Mediation Process Works

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Hey, everybody, it’s Chris Denmon, a civil trial lawyer and partner at Denmon Pearlman, and I want to talk to you about the mediation process in your personal injury case.

So, if you’re watching this video right now or reading this transcript, it’s because we’ve filed a lawsuit in your case.

We probably have gone through depositions where you’ve had an opportunity to sit down and answer questions for the insurance (company’s) attorney — and now we are preparing to go through the mediation process [or a formal settlement conference] to see if we can get your case resolved.

The success of any legal matter depends on the unique circumstances of each case, therefore, we cannot guarantee particular results for future clients.
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Who Is The Mediator?

A mediator is a professional, someone who is trained, in trying to get a resolution for all of us so that the case could settle.

Ultimately, we wouldn’t have to go further into the case anymore if a settlement agreement can be reached.

The Mediation Process

The mediation will start with everyone in one room.

We will then split up and we’ll do what we call a caucus. In other words, you and I [if I’m the attorney working with you] will go into another room or the insurance attorney and the adjuster will go into another room — and then the mediator will go back and forth, and his (or her) goal is to get a resolution and get a deal done.

Now, before we end up going into the mediation process, we are going to sit down and we are going to have a meeting to go over a couple of things.

We’ll rehash things and I’ll answer any questions that you have, but we’ll also talk, and we’ll value your case.

Valuing Your Case

How Personal Injury Mediation Works – The Mediation Process in a Personal Injury Claim
We are going to decide what it is that our settlement range is going to be, and perhaps most importantly, we’re going to commit to what the lowest number is that we’re going to resolve your case for.

We will take that number with us in meditation, and that’s just to make sure that we’re on the same page and to make that we don’t end up taking a bad resolution that we don’t like.

What If You Don’t Get A Deal Done In Mediation?

Don’t worry about it, we go through the mediation process all the time, and more often than not, we get the right resolution or a good resolution for our clients.

But if we don’t get things done during the mediation process, it’s not a problem. We just end up going forward with the litigation path where we’ll probably set your case for trial if it isn’t already set for trial.

We’ll further the discovery process, meaning I might have more witnesses that I need to talk to. Maybe we need to set some depositions with your doctors — but again, it’s nothing to worry about.

It is not uncommon at all to go into the mediation process and not get a deal done.

The Insurance Attorney

Sometimes we go into mediation and the other insurance (company’s) attorney can be a little bit gruff, a little bit confrontational with you.

And sometimes the insurance attorney will make a lowball offer.

If that happens, don’t worry about it. It’s not a big deal. This stuff happens almost all the time during the mediation process, but it’s nothing to worry about.

At the end of the day, we’ve sat down in advance and we know what your case is worth. We know what we’re going to resolve the case for, and if it doesn’t happen during the mediation process, so what?

All it means is I, as your injury attorney, have a little extra work I need to do — but we’ll get it done and we’ll move forward.

Questions? Contact Us

If you have any questions before we sit down and we meet, please give our office a call (to) talk to your case manager or the personal injury attorney that’s assigned to your case. Otherwise, we’ll see you soon to prepare you for the mediation process.

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Christine Ekstrom
Christine E.
19:36 05 Dec 19
This past Tuesday, I got into a car accident that was frankly, quite scary. The experience left me disoriented, shaken, and overwhelmed with what "next steps" needed to be taken. Thanks to Nicole Pearlman, and the whole Denmon & Pearlman team, I didn't have to worry about those next steps. They quickly took over and set me up with medical appointments, a rental car, car inspection.... leaving me the ability to focus on spending those initial hours processing the accident and later, days spent on healing physically and emotionally. In a world where billions of people reside and yet we still often feel alone, that was never the case during this chaotic week. Never did I once feel alone in this whole process and I am incredibly thankful for their kindness to my nephew and I and their expertise in these matters. Denmon & Pearlman, especially Nicole Pearlman, WILL be there for you during life's most challenging experiences.
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Nicki W.
13:27 08 Oct 19
Nicole and Lee go the extra mile to represent various client needs, and work with you as a whole human being, being considerate and kind, as well as being thorough and fearless as well. I have utilized their services in 3 different scenarios, and every time, I was thrilled with their representation. Hire Lee or Nicole for anything - for everything. Fantastic lawyers and fantastic people.
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Patrick H.
02:32 25 Sep 19
I had my wife call Demon Pearlman after reading some of their reviews online. Whitney answered and was kind and quickly had us set up with a lawyer for representation. This firm did an amazing job and I would recommend them to anyone in need of a lawyer! They went above and beyond!
Sarah Marie Sunday
Sarah Marie S.
02:25 25 Sep 19
I called Demon Pearlman for representation with an automobile accident. I spoke to Whitney on the phone who was very kind and promptly got the needed information from me and had me set up with one of their lawyers. They were amazing and got me more than I expected from my settlement. I have referred several family members and friends to them for representation. Their knowledge of the law and ability to handle a case is superb. I hope I am never in need of an attorney again for an injury, however if I do need one, I will call Denmon Pearlman without hesitation!
Brittany Pilkington
Brittany P.
17:54 13 Sep 19
I definitely feel like I made the right choice by calling Denmon Pearlman. I was going through a tough time. I was connected to Whitney on the phone & she really assisted with providing me with a stress free experience. Not only did I feel relieved to speak to someone so well rounded; but also highly knowledgeable of their companies core values. She's very well spoken. I booked that consultation & look forward to it. Thanks Denmon Pearlman for your services.
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