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Does Mediation Mean I’ll Get Less Compensation?


Mediation is a private process where a neutral third person, called a “mediator,” helps individuals involved in a dispute discuss their issues and try to resolve them without going to court. 

Mediators do not decide who is right or wrong, nor do they tell the parties how to resolve the dispute. However, he or she can try to find solutions that make sense to you and the other party in order to reach a resolution. 

While the goal of mediation is to try to work out some type of compromise, you may decide it would be better for you not to come to an official agreement during the mediation session itself. Let it sit for a few days and see how your feelings toward it develop while you still have a chance to change your mind. Discuss the proposed compromise with your attorney, who can make sure you understand its advantages and disadvantages and possibly make suggestions. 

Unfortunately, there are times when emotions are driving the dispute — a situation that tends not to be helpful to either side. That said, this can make simply talking to the opposing party difficult. A mediator can work to bring about more productive communications between you and the other individual. 

If you or a loved one has been injured or even killed in a car, truck, or boating accident, hurt by a defective product or unsafe medical device, injured due to dangerous conditions on someone else’s property, or the victim of medical malpractice, let an experienced Florida injury attorney at Searcy Denney help. We’ll analyze your case and discuss the pros and cons of mediation under your particular circumstances.

So, Will I Get Less Compensation in Mediation?

No, not necessarily. Of course, every case is different, but as a general rule, any award amount given up by “compromising” during mediation may very well be offset by a decrease in costs. Litigation can be expensive, typically requiring payment for:

  • Costs of hiring special witnesses or expert witnesses
  • Travel expenses
  • Court filing and processing fees
  • Costs associated with photocopies, x-rays, and other items of evidence
  • Any late fees
  • Any sanctions
  • Lost time at work

Other Advantages of Mediation

Mediation also offers other advantages, such as:

  • Confidentiality
  • Informality
  • Less time
  • Little to no risk
  • Greater client control
  • Comprehensive agreements 
  • Mutual satisfaction
  • Preservation of relationships
  • Convenience
  • Controllable scheduling
  • High rate of compliance

Contact a Florida Injury Attorney for More Information About Mediation

Mediation gets a bit of a bad reputation at times, often seen as “giving up.” Nonetheless, mediation has many advantages over litigation and may end up providing you with the highest total compensation after all. Contact a Florida injury attorney at Searcy Denney for more information on mediation or if you have been injured in an accident. We offer a free consultation and work on a contingency fee basis.

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