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Average Settlement Offers During Mediation 

Average Settlement Offer During Mediation

Trying to figure out what the average settlement offer is during mediation is simply not possible for a number of reasons. The first is that the facts of each case can be vastly different, with varying degrees of injury and severity that can result in very different initial offers. Because the type and severity of injury cases simply can’t be predicted, there is no way to lump the varying types of cases together to determine a median value. Some will start high and others will start low based on the facts of each case.

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

Plaintiff’s Perspective

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.

  • Insurance lawyers make a low initial offer
  • Insurance company expects to settle for less.
  • Mediator pushes for settlement
  • Insurance company agrees to pay more than they 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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With decades of trial experience and an unrivaled commitment to our clients, Trost Law Group aggressively defends the rights of our clients and is ready to make a difference for you. We are one of Virginia’s leading personal injury law firms and help clients statewide. Each client is treated as a member of the family with a dedicated case manager that is always available to help you.

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Each year thousands of accident and injury victims in Virginia search for the right firm to help them. Hiring an attorney to represent you with your injury claim is one of the first and most important decisions you can make, and one that you have full control over.

At Trost Law Group, our experienced and dedicated Injury Lawyers have used their unrivaled skill and experienced to help thousands of injured clients throughout the state of Virginia for the past 35 years. All of our clients are assigned to a dedicated case manager, and are treated like part of the family. Contact us today to begin the defense of your case with our free, no obligation case review and experience the Trost difference.

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Randall J. Trost, P.C

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#B, Danville, VA 24541