Mediation: A "Win-Win" Opportunity
By Halley B. Lewis III, Firm Partner
At Fonvielle Lewis Foote & Messer, we have
achieved exceptional results for our clients using mediation to settle
lawsuits. Mediation occurs when a neutral third person — called a
mediator — acts to help settle a dispute between two or more parties.
In our experience the process can be a "win-win" situation from many angles.
Mediation gives us a chance to present a case directly to the insurance company, so that they can see exactly how strong our case will be at trial. It also forces the insurance company to seriously consider our side of the case for the first time. We have found this to be a very powerful tool in settling cases out-of-court for the same amounts our clients would have been happy to receive at trial.
The benefits of mediation to our clients are twofold. First, it is much less costly for one of our lawyers to present a case at mediation than it is to conduct a formal trial. At trial, we would have to pay subpoena fees, court costs, and expert witness expenses in order to have all of our witnesses attend trial and give their testimony. Since mediation is a very informal process with no witnesses present, the lawyers are simply allowed to tell the mediator what the testimony of the various witnesses would be. Obviously, this saves a great deal of time and money for our clients.
Second, and more important, mediation is non-binding. This means that we do not have to settle the case at mediation if the client is not satisfied with the amount being offered by the insurance company. When this occurs, we continue to prepare for trial as if nothing has happened. However, if the client is content with the amount that is being offered, then the case is settled and no trial is necessary. At Fonvielle Lewis Foote & Messer, we have found that hard work and good preparation have enabled us to settle cases at mediation for their full value. In fact, we mediated three separate cases recently, and all three settled for a combined value of $320,000. It is encouraging results like this that give us a positive outlook on the mediation process, and that is why we call it a "win-win" process for all of our clients.