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Mike Bryant
Mike Bryant
Attorney • (800) 770-7008

Mediation to Settle a Case

4 comments

We have a lot of mediations. This is of the settlement tools that are a part of the Alternative Resolution Process (ADR) as required by the Minnesota Courts. You can’t go to trial in Minnesota with a civil case unless your claim has at least gone through one of the ADR options. Usually we use mediation, which is a process where a independent lawyer is hired to try to work out a deal between the two sides.

It’s a process that has grown as older trial lawyers have moved in a great number into the role of mediates. It requires a person that each side will at least listen to. A perfect mediation is defined as both sides being unhappy. The plaintiff takes less and the defendant pays more. For me, it’s trying to get the defendants to their top dollar, so my client can make their decision with as much information as possible. They should not go to trial without knowing what it is they are risking.

Of interest, some mediators will use a article from the New York Times that I had previously blogged about to supplement the reasons why it made sense to settle. When a case gets done it can go like this: The defendant claims they paid more than they planned to and my client decided to settle instead of taking the risk with trial. Hopefully justice was served.

4 Comments

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  1. Mark Bello says:
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    Read this post and the article linked; it is fascinating. Why would a plaintiff settle for less than what they consider full value 61% of the time? Obviously, one reason is that they have higher expectations than what experience teaches us is a sensible case value number. However, in the 35 years I have been a lawyer and the 13 years I have been involved in provided lawsuit funding to personal injury victims, I have found that an increasing number of plaintiffs settle for less because they can’t afford to wait out the long, legal procees for full value. Strategically placed lawsuit funding will often reduce the need for plaintiffs to settle too early, for too little, by providing just the amount immediately needed to prevent the sacrifice of their cases for pennies on the dollar. This is the best case scenario for utilization of lawsuit fundng services. Sometimes, settlement is the right thing to do; I advise all of your readers to listen to the experienced advice of their attorney. But, if they are only settling, against their attorney’s advice, for less than the attorney thinks he can achieve for them, lawsuit funding is a great alternative to relieve the financial pressure that is causing them to make a bad decision.

  2. Mike Bryant says:
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    You make an excellent point about how people can level the playing field and take some pressure off in their time of need. You have helped a number of clients in those situations, thanks for taking the time to add the insightful comment.

  3. Mike Bryant says:
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    Interesting email I got:

    Wonderful and informational piece of information.

    from the family dispute resolution group.

  4. Mike Bryant says:
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    Thanks, hope that it helped. Thanks for reading and don’t be shy about comments.