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Average Settlement Offers During Mediation
Average Settlement Offer During Mediation
While the facts may vary greatly in mediation cases , there things that often occur in almost every instance. You can expect that the sides will start out far apart and hear things from the opposing party that they don’t agree with. The process can be slow and lengthy, with most progress after lunch near the end of the day. The mediator will not pick a side, so expect to compromise, as most cases settle, from 80-92 percent by some estimates. After a settlement is reached, there’s no way to know whether either side would have done better at trial.
Common Occurrences in Mediation
Despite the many different facts and circumstances that arise in mediation cases, some factors remain constant
The Lawyers Don’t Know the Facts
In too many instances, only one side is prepared and makes detailed statements that you would expect to hear as an opening statement at a trial.
When this occurs and a parties give an opening statement which lacks substance or sincerity, it’s difficult to reach a resolution to the case that day.
The Initial Offer is Insulting
When an initial offer barely covers the costs of medical bills, how do you pay for your attorneys fees and the cost of the mediator? This leads to the plantiff feeling insulted and is a common defense strategy to discourage the plantiff before trial.
A Slow, Long Day
While the morning can start out focused with both sides digging in, the offers usually start slowly and don’t pick up until after lunch. Progress is usually made when both sides begin to realize they would like to get home in time for dinner.
Signs of Successful Mediation
Most mediators agree that a sign of successful mediation is when the plaintiff agrees to take less than they expected.
- Plaintiff Asked to Take Less
- Expected a Higher Number
- The Mediator Pushes to Settle
- Plaintiff Ultimately Compromises
Insurance Companies Perspective
Another sign of successful mediation is convincing the insurance company to pay more than it expected.
The Mediator’s Perspective
Working to get plaintiff’s to take less than expected while getting insurance companies to pay more than expected.
- Neither party should expect to get the number that is floating around in their head
- Mediators will ask both parties to compromise
- The process usually starts slowly and intensifies with most settlements after lunch
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