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Mediation offers a fast resolution. Within several weeks after a settlement at mediation, the plaintiff will receive a check. Whereas, even after a trial, the case may not be resolved because one or more parties may appeal. Settling brings closure to the plaintiff, allowing them to move past this legal difficulty.
At times, cases can even settle after an unsuccessful mediation on the same, or similar, terms and conditions that were worked out at the mediation session. Most Courts in California have their own types of settlement procedures. The most common procedure is the Mandatory Settlement Conference or MSC.
While not all cases settle at mediation, almost all lengthy personal injury claims involve at least one mediation before going to trial. Every lawyer views and handles mediation differently.
Yes. If the mediation fails, and you do not reach an agreement or settlement, you can still take the issue to court. Parties do not give up their right to litigation if they want to resolve the dispute in mediation first.
If your settlement documents do not state a time for payment, it typically takes 1 to 2 weeks for a settlement check to come.
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.
The vast majority of cases do settle from 80 to 92 percent by some estimates, Mr. Kaiser said and there is no way to know whether either side in those cases could have done better at trial.
At times, a case will settle after the mediation because of the groundwork laid during mediation. Remember, keep your mind open, listen to the mediator and appreciate that both you and the insurance company must compromise if the case is going to settle.
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