You were in an auto collision—the other guy’s fault.
You were not able to settle with the at fault driver’s insurer: the insurer offered to pay X, and you were demanding Y. You were at odds.
However, because you hired a trial attorney (an attorney who is not afraid to work for a living), a lawsuit gets filed to fight for you.
Now the parties have completed most of their litigation discovery, and the time is right to sit down and talk about settling.
What is the best way to do this? Often, the best way is called “mediation”.
In a mediation, both sides come together, willing to discuss settling the case. They jointly select and hire a “mediator” (usually an experienced attorney) to assist in the process.
The parties are placed in separate rooms, and the mediator goes back and forth, discussing the facts, the disputes, the law and everything else that might need to be resolved to help the parties settle the case.
If the lawsuit seeks money damages, then the goal is to find a number that everybody agrees they can live with to resolve the case.
The Defendant agrees to pay Z to settle, and the Plaintiff agrees to accept Z to settle. If that happens, then the mediation is deemed successful, and the case settles.
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