Mediation can serve to move forward the litigation or to resolve the dispute, depending on the parties’ objectives.

Mediation for negligence cases revolves around negligence claims, including statutory claims for relief due to death or injury. A negligence case requires 1.) a duty to act, 2.) a breach of that duty, 3.) causation and 4.) damages. Mediation will allow the parties to express the extent of the physical and emotional damages they suffered from either being negligent or from the other person’s alleged negligence. It allows the parties to understand the extent of the damages, the reasons for the damages and the best way to remedy what has happened.

Too often, parties involved in a negligence mediation case are unable to find closure through the court systems. Mediation can help them find closure by allowing them to discuss how the event affected them.

As the mediator, we will ensure healthy discussions of key issues. We will allow the parties to bring the mediation in the direction that best benefits them. In some cases, it is impossible to bring or keep the parties in the same room; thus, the mediator will keep the parties in separate rooms (called caucuses). The mediator will then serve as a bridge of communication between them, revealing only the information parties want to share to resolve the dispute. Throughout the mediation, all information remains confidential*.

Additionally, some parties enjoy mediation for negligence claims to better assess damages and discovery. It allows them to discuss the course of the litigation, deadlines and other discovery issues key to the litigation.

*Information obtained during the mediation shall remain confidential – not usable in court – except where disclosure is required or permitted by law or is agreed to by all parties.