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Hello my name is Tom Meyer, and I'll be your mediator here today if this is your first time mediating let me say it's very normal to come into the room with doubt skepticism and perhaps a very, very low expectation as to what might be accomplished when you consider that I am NOT a judge and that I will not be making any rulings or determinations about whose obligated to pay or recover anything as a result of what we discuss here today most people would rather simply avoid mediation and continue to pursue their case and get to trial however most people are also engaging in that strategy without knowledge of the facts and the most important fact that they're not most people are not aware of is that the overwhelming majority of lawsuits meaning over 90% of a lawsuit filed throughout the United States never get to trial and end up out of court it's just the fact that somewhere along the way most litigants find a better way to resolve their dispute and I have to take it out of court it's my job today to see if we could come up with a better resolution for you to also take your dispute out of court you come into mediation with a clean slate now you are not bound to follow previous positions or events that might have occurred in the lawsuit, and you are not limited to demand or offer things in line with whatever the specific laws might allow you to recover should you go to trial you are free to negotiate for whatever you think is most important and what you want the most and if both sides can agree to those terms it's my job and to work with you to draft a legally binding settlement to incorporate those terms and I can tell you that in many medications the final agreement actually could entitle the party to recover more or pay less depending which side you're on then what otherwise have occurred had these parties gone to trial I believe in mediation I've seen it work time and time again in my career I've been in court as a both a lawyer and a party in several jurisdictions and can always say that in the end it's always better for people to find a way to resolve their conflicts at a court what I do as a mediator is several things two most important things that I will do for you is to help you communicate and help you to negotiate and the process that mediation has that provides here is specifically designed to help me help you communicate and negotiate better to see if we can creatively get together with one or more proposals that might be acceptable to both sides, although I am a lawyer I am not allowed and will not give you legal advice if you're represented by counsel please look to them for any questions you might have about the law if you're not represented by counsel here today that's okay you don't need a lawyer to mediate if we should get to a point where you do have a legal question and I think it impacts your decision-making I will pause the proceeding and give you an opportunity to consult with a lawyer and if at the end of the day we've...
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