This essay covers specific practice pointers for these types of mediation. The specialty areas covered in this two part column are Personal Injury, Commercial Litigation, Family Law, Medical Malpractice and Bankruptcy. The advantages of mediation for a plaintiff in a personal injury claim include the fact that mediation of a claim leads to less risk and quicker resolution. For a plaintiff's attorney, mediation moves cases. For a defendant's insurance company, mediation vastly reduces the overall expense of defending cases.
Mediation is also a protective device for a defense attorney in case of a bad result at trial.
If the defense attorney attempted mediation and failed, it helps to protect the attorney from blame. ADR is also a tool that provides for an outside force to allow re-evaluation of a case when a bad file notation has locked the defense into an unreasonable position. Special Points 1. Explain your defense, including causation problems and other issues. Stress your reasonableness and willingness to be reasonable.