Mediation: A Step by Step Guide

You are now at the point where your case has been scheduled for a Mediation or a Settlement Meeting. A Settlement Meeting is similar to a Mediation but more informal and without an independent Mediator.

Most disability benefits cases settle at the first Mediation. It’s a chance for you and the insurance company to focus on resolving your case. Everyone should attend in good faith, aiming to resolve the matter.

Most Mediations are virtual, using video conferencing software like Zoom. We will introduce you to Zoom and ensure you can use it. If needed, we can provide a device for the day. In-person Mediation is also an option.

Clients often worry about Mediation, fearing they’ll have to speak extensively or interact directly with the insurance company. This isn’t the case. Mediations start with introductions, including you, your lawyer, the insurance company’s representative, their lawyer, and a Mediator. You won’t be asked questions about your case during the opening. The Mediator explains their role: to help achieve a settlement without offering legal advice or pressuring anyone.

After introductions, you and your lawyer will be in one room, and the insurance company’s representatives in another. You won’t see them again. The Mediator will shuttle between rooms to facilitate negotiations.

Your lawyer will discuss the value of your case and suggest a first offer, which may be decided before or on the day of Mediation, based on the insurance company’s Mediation Brief. The Mediator will convey offers between rooms until a compromise is reached.

Many Mediators will tell you that a good settlement is one that makes both parties slightly unhappy: you should not expect to achieve a settlement that is everything you would wish for and the insurance company should not expect to achieve a settlement which does not reflect a fair settlement of your claim. With this in mind, you should go into Mediation with an open mind. There has to be compromise by both parties if Mediation is to result in a resolution to the claim.

If an agreement is reached, you’ll sign documentation confirming the settlement. If not, your lawyer will discuss the next steps.

If you have any questions, contact your Client Services Team at Share Lawyers. We’re here to help!