A critical case settlement mediation was coming up in a large product liability case. The defense had mentioned they wanted to settle the case pre-suit if possible, so we arranged a mediation. Our client, who has never been involved in a mediation process before, was unsure about what they needed to do for the deposition. Was it in person or by Zoom? Will it be long or short? Will we be in the same room as everyone or in different rooms? Will I have to talk? What do I say? What do I need to do to prepare?
Our Client’s Fear
All these questions made our client worried that they would mess up the mediation.
How Garmey Law Helped
We arranged a call with our client and walked them through the process. We explained that they could attend virtually through Zoom or in person, depending on their preference. We explained that the other side would be attending by Zoom and would be halfway across the country, so there was no pressure to get to the office in person if that would be difficult for our client. We explained how we would create a pre-mediation brief explaining our position and that our goal at the mediation was to find a middle ground between where we valued the case and where the defendant valued the case.
We would work throughout the day, going back and forth, discussing the merits of the case, and discussing the moves made by each side with the mediator. As our numbers get closer, the better the odds are that we will resolve the case. If it does resolve through agreement, then his case would be over. If not, then we would prepare for litigation. After explaining the process to our clients, they were much more comfortable. Their fears about not being prepared were eased when we told them all the things we had done and would do in preparation for the mediation. They appreciated taking that additional stress off their minds and looked forward to the mediation process with this new understanding of what would happen.
