So a mediation is a very important step in any person’s lawsuit because it’s one of the most meaningful opportunities that you’re going to get as an injured claimant or as the family of an injured claimant to settle the lawsuit in some jurisdictions in Ontario mediation is mandatory uh that’s Essex county, Ottawa region and Toronto region. The reason it’s mandatory is because mediation is such a good opportunity to settle a claim.
The courts make it mandatory because they want to keep as many cases as possible out of the court process and to bring those to resolution. So in a mediation an injured claimant would be represented by their lawyer and the insurance company would be represented by a lawyer. The mediator is an independent third party who tries to be the go-between between the two fighting sides – the two lawyers and two clients or multi-parties and multi-lawyers to bring the case to a resolution. At the beginning of the mediation and in advance, the parties exchange mediation briefs, which is written materials, arguments medical records, insurance documents. police reports and all of the relevant information so they make their case clear to the other side. The mediator reviews all those materials and then uses that and their expertise to try and make the opposing sides understand the other side’s view.
A mediator is not a judge, a mediator cannot make anybody do anything. A mediator cannot say who is right or wrong and a mediator cannot force anybody to settle. Importantly what happens at the mediation stays at the mediation. So everybody can make their very best attempt to try and settle the case. If it’s successful – excellent, if it’s not, we continue on with the court case making sure that we’re going to get a fair result for our injured client and their families. Make sure you send your questions to us for the next episode of ask an injury lawyer.
