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In settlement conferences, both sides think the judge is against them. In mediation, both sides think the mediator is on their side. In most cases, both parties are wrong.
Mediation-a voluntary meeting between the injured worker (their attorney) and the company in an effort to negotiate a settlement out of court. A third, unbiased mediator is present to moderate the process. Settlement a voluntary agreement between all parties to settle the case for a certain sum.
Our experience is that of the cases mediated about 50% of appellate and circuit court cases settle, 60-75% of family law cases settle, and 70-75% of county and juvenile dependency cases settle.
If the mediation resulted in a settlement or agreement, once the releases are signed and the payment is made, the lawyers will send a dismissal order to the judge who signs the order. At that point, the legal case is resolved and in most civil cases the parties will not need to return to court.
Mediation is a process for resolving disputes by which an independent mediator assists the parties in reaching a mutually satisfactory settlement. It is an extension of the parties own negotiations and is sometimes referred to as a “supercharged negotiation.” The mediation process is entirely voluntary and non-binding.
A settlement conference is designed to get all parties to the lawsuit together to try and negotiate and resolve your case. If you were there in addition to the people you have sued, tempers would flare and everyone's objections, opinions and feelings would get in the way of having true negotiation discussions.
To complete the settlement conference within two or three hours, the parties must have previously exchanged their initial demands and offers in writing. Indeed, obtaining the initial demand and offer can be the most time- consuming part of the process.
Know the Other Party. Do Not Get Personal. Consider Timing. Have a Clear Objective. Be Prepared. Avoid Bidding Against Yourself. Allow Plenty of Time. Write Clear Terms of Settlement. Key Takeaways.
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