Insurance Settlements And Mediation

Efficient And Cost-Effective Dispute Resolution

In some cases, pursuing or defending a lawsuit in court is in our clients' best interests. The costs of litigation however are high, in both legal costs and time commitment. Moreover, in litigation, the final outcome is never certain and in the control of the parties - especially when a jury is involved. Mediation is often an extremely effective alternative to litigation in terms of costs, time, and client satisfaction.

To discuss your legal matter with an experienced Lincoln mediation attorney, contact Atwood, Holsten, Brown, Deaver & Spier, P.C., L.L.O.

What is mediation?

Mediation is a confidential, voluntary, out-of-court process where a trained, neutral third party (referred to as a "mediator") assists the parties in resolving disputes.

What are the benefits of mediation?

Expert, trained guidance - The mediator's primary goal is to ensure that the parties reach voluntary, informed agreements without undue influence, coercion, or intimidation. An informed, experienced mediator who understands the law and complexity of your case is essential to a positive mediation outcome. A mediator may render advice to the parties, but is bound by strict ethical guidelines never to favor one party over another. We regularly work with mediators who have years of experience in your specific type of case and whose advice we trust.

Attorney representation - As your attorney, we ensure that your compromises, if you decide to make any, are informed compromises. Prior to mediation, we will document the facts, gather necessary evidence, research the legal issues involved in your case, and analyze your likelihood of success in litigation and estimated recovery. Our thorough preparation ensures our clients are able to make informed, smart decisions, with full knowledge of the strengths and potential weaknesses of their case.

Voluntary - Although, in some cases, a court will order the parties to participate in a mediation, it is generally a completely voluntary process. Each party attends the mediation voluntarily and can end the process at any time, for any reason.

Confidential - Mediation discussions and materials developed for mediation are confidential and inadmissible in any subsequent court proceedings. If parties reach an agreement, a final, signed, binding mediation agreement is drafted. These mutually agreed upon settlements tend to endure without complication because both parties have willingly agreed to the agreement provisions.

Control and ownership of the outcome - Unlike litigation, the parties control the mediation process. With the assistance of a trained mediator, the parties work together to solve problems and reach what both parties believe to be a fair and constructive agreement. Compromise is essential to the process, but both parties decide whether to compromise and how much. If the mediation process breaks down, the case usually proceeds to litigation, but in some cases mediation helps facilitate settlement at a later stage.

Client satisfaction - We find that our clients are extremely satisfied with the mediation process because it allows them to actively resolve their conflicts, on their terms. The stress of litigation is usually monumentally greater than the stress of mediation. Because many of our clients have already been through a great deal of physical and emotional stress as a result of their injuries or losses, the mediation process is often a welcome alternative to litigation.

Efficient And Cost-Effective Dispute Resolution

Through mediation, it is common to resolve a case in a single day, with significantly lower costs. Successful mediation efforts, however, do require extensive preparation in advance of the mediation session. As your lawyers, we thoroughly prepare each case by investigating and documenting facts, researching legal issues, and calculating the full amount of damages to which our clients are entitled. Irrespective of the nature of your case, we can help you determine if and when mediation may be a beneficial option.

Lincoln And Omaha Settlement Negotiation Attorneys Serving Nebraska

Contact us at 402-817-2717 or toll free at 800-655-9606. The consultation is free and without obligation.