Profile of Cases Suitable for Mediation
- Where you believe that counsel would recommend settlement but claimant is resisting.
- Where you suspect the breakdown in communication is between your counsel and theirs.
- Where counsel is unresponsive to your offers to settle.
- Where you cannot get a demand or assessment from the other side.
- Where there is a multi-party global situation and it is difficult to get everyone to come to grips with the case at the same time.
- Where you have had a pre-trial that was not helpful.
- Cases where credibility is an issue or the other side is "in denial" about it.
- Cases where causation is in question yet the plaintiff is not acknowledging it.
- Where there are other factors that the claimant needs to consider other than strictly legal ones - i.e. elderly plaintiff, estate file, risk to reputation etc.
- Where your counsel's opinion rides on the credibility of the claimant and you would like the opportunity to assess his/her veracity for yourself.
- In circumstances where the key difference is how the parties interpret data (future loss / loss of economic opportunity) and not the data itself.
- Where the company has an ongoing relationship with the claimant and wants to demonstrate utmost good faith and responsiveness.
- Where the value of the claim is little or no greater than the cost of litigating it.
- Where your counsel is recommending settlement, but you just don't see it based upon the information at your disposal.
If you want to bring a matter forward for mediation, simply call Agree and provide the particulars by phone.