Choosing the Right Lawyer is No ACCIDENT- A Personal Injury Guide - By Jeff Adelman (2025 Edition)

Choosing the Right Lawyer is No Accident
forth, in an effort to facilitate a settlement. Sometimes there are only a
few moves made, but often the sides could go back and forth over 10
times. There is no limit.
There are three ways a mediation ends: 1) a mutually agreed-upon
settlement; 2) an impasse, which means the parties were not able to reach
an agreement; or there’s what’s called an “adjournment.”
An adjournment allows the defense attorney or adjuster a few days to
talk to some of the supervisors with insurance company to get more
“authority,” meaning the ability to offer more money to the plaintiff. It
can also be used if a plaintiff’s attorney or the plaintiff themselves need
more time to evaluate the offer. Sometimes a plaintiff will want to “sleep
on it” before making a decision. Under those circumstances, it can be
helpful not to close the book on the mediation. In a worst case scenario,
if the sides aren’t able to reach an agreement after a few days or a week,
you impasse the mediation, and continue pushing the case towards trial.
Anything that transpires or is spoken in the mediation is confidential. If
something is said at the mediation, it cannot be used against you. I do,
however, tell my clients that when the mediation presentation is going
on, it’s in their best interest not to react, not to take the bait and start
getting defensive. No testimony is taken at mediation. No matter how
upset you might get at something the defense attorney has said, you will
have an opportunity to vent in private with your attorney when you are
in caucus.
Remember, the defense attorney and insurance adjuster are always
evaluating you as a witness for trial. You don’t want to give them the
impression that you would not be likable, relatable, even-tempered, or
anything like that to a jury, because that will increase their desire to go
to trial.
Even if you don’t settle a case at mediation, it’s an accomplishment,
because you cannot have your case tried in front of a jury unless you first
comply with the court’s order of having a mediation. Checking the
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Jeff Adelman, B.C.S., Esq.