Top Causes Why Personal Injury Mediations Fail

12/10/2018 Off By Eden

Top Causes Why Personal Injury Mediations Fail

The intent to solve a problem in the case of a personal injury mediation is not always the best method. Mediations fail to end any form of dispute in a personal injury type of case for different reasons. There are times when the mediation for the personal injury claims don’t work at all, and the settlement is not attained no matter how great the personal injury attorneys Jacksonville FL is.

Inadequate Time To Prepare

One of the most typical reason why personal injury mediations don’t work is the absence of preparation. It’s important to be prepared all the time since the preparation process will identify all the needed steps to go on with the case.

Special attention should be given to the joiner of the parties because they are all involved, they should be informed. They must be ready to attend the mediation as often as needed regardless if they are the respondent or the contributor.

Another aspect that needs special attention is the evidence and any materials that pertain to it. All of the documents linked to the case should be prepared ahead of time. Having confidence with the client is also important. He/she needs to be briefed by the lawyer first about the details of the case.

No Decisions Were Made During the Mediation

A personal injury mediation is a rigorous process. Often, the parties involved in it only know limited information depending on what was presented to them. The decision merely depends on the insurer. It’s essential for the representative of the insurer to be present in the mediation before the settlement decision can be made.


Most of the people involved in the mediation process would like it to be resolved right away into a claim and get the settlement as fast as they could. But this is not always possible. Everyone wants to make things fast, and that includes the negotiation, but it’s not helpful to this kind of case all the time. The negotiation process will take time before the parties end up in a settlement.

A Good Lawyer Determines The Conflict

A good Jacksonville personal injury attorney will make things work. He will try to overcome the usual issues so that both parties will get a favorable result. But it will be best to let the lawyer know about what you have in mind early on so that he/she knows what to do and you can also get the best advice for the possible results of the case.

Lack Of Information Of The Other Party Involved

This has been a typical reason why mediation fails at times. When particular information that one party knows, but not known to the other makes an information void to both parties. One way to prevent this from happening is to have full disclosure of any related information to both parties involved when the claim process starts. It should be before the mediation process.

Contradictory Opinions of the Experts About The Case

A lot of cases about personal injury gather different opinions among experts such as engineering, opinions about the accounting and other medical related matters. Certain steps such as these can solve the issues:

  1. The parties should agree to have a joint expert report
  2. There should be a meeting for the experts to tackle differences and agreement regarding opinions. There should be a joint report from this meeting.
  3. The experts should also be present in the mediation process. They should give an input that will lead to a good outcome for both parties.

Different Agenda

There are some instances when the personal injury case is not just about getting a sum of money for the damages. Sometimes the party has a different motif in mind. Some think that they can use the claim to patch up the amount that they took from the company that they are working for, some think that they can use the money to someone for revenge. It is also essential to handle these concerns. Though at times the mediator is not informed about the agenda of the parties involved, it is still important to let him/her know about these things.

Final word

At the end of the day, a personal injury is a serious case. The experts such as the lawyer and the mediator should be well prepared and well experienced to handle this case and the concerns of both parties involved. At times the case depends on their expertise and experience.