A strong mediator can make a tremendous difference in the outcome of a case. Mediators vary significantly in the results they achieve depending upon their experience, mediating style, and personality. There are several points attorneys should consider when choosing a personal injury mediator in Washington.
First, look into how much time the mediator actually spends mediating cases. Does the mediator consider mediation a primary source of business? Or does the mediator only mediate occasionally?
Additionally, the mediator should have vast experience in litigating and mediating personal injury cases.
When you are discussing possible mediators with other attorneys, do not automatically dismiss mediators that opposing counsel suggests. Sometimes its valuable for the other side to have a mediator that they trust tell them the hard realities about their case.
In personal injury cases, plaintiffs’ attorneys typically want mediators who have represented plaintiffs, and defendants’ attorneys often prefer those with experience defending claims. However, it can often be more beneficial to use a mediator with experience on the opposite side of the case. These mediators will point out weaknesses in the case that you may not have considered before, and will provide insight into the other party’s position. If some or all of the issues do not settle at mediation, this knowledge will be valuable if you have to try the case.