Personal Injury – What is a Mediation?

Mediation is a voluntary settlement process to help parties resolve disputes. Mediation is an informal process where a mediator helps people with a dispute to reach agreement. The mediation process identifies important issues, clarifies misunderstandings, explores solutions, and negotiates settlement. Mediation is a process that brings parties together to resolve their differences through discussion and problem-solving. The goal is to achieve “win-win” solutions. It is not a compromise. The mediator is a “neutral” party who helps facilitate the dialogue, but is not the final decision-maker, arbitrator, or judge.

The mediator is not a judge and does not make a decision or impose a solution on the dispute. Rather, the mediator helps those involved in the dispute talk to each other, thereby allowing them to resolve the dispute themselves. The mediator manages the mediation session and remains impartial.

At the mediation session each person involved in the dispute presents a summary of his or her point of view. The mediator will meet with everyone together and will also meet individually with each side. This offers participants the opportunity to communicate to the mediator the real interests in the dispute outside the presence of opposing side. The mediator will work with each party until an agreement is reached that is acceptable to everyone. The agreement is put in writing and signed by the parties involved.

What are the benefits of mediation?

• People keep control over the resolution of their own problem.
• Disputes can be settled promptly. A mediation session can be scheduled as soon as everyone agrees to use mediation to resolve the dispute, even before a lawsuit may be filed.
• Mediation costs are significantly less than taking a case to trial
• Mediation promotes better relationships through cooperative problem-solving and improved communication.
• Mediation is private and confidential. The mediator and the people in the dispute must maintain the confidentiality of the information disclosed during mediation.
• Mediation is voluntary. Although a judge may order a case to mediation, the mediation may be terminated at any time by the people involved or by the mediator. Settlement is also entirely voluntary. If you cannot reach an agreement, you still have the right to take the dispute before a judge or jury.

If you need more information about a Social Security Disability/SSI, personal injury, EEOICPA, long or short-term disability, VA disability, Railroad Retirement Board disability, or a workers compensation matter, please contact the Law Offices of Tony Farmer and John Dreiser for a free case evaluation. We can be reached at (865) 584-1211 or (800) 806-4611 or through our website. Our office handles claims throughout Tennessee.