A personal injury settlement isn’t just about a number; it’s about accountability, fairness, and closure.
Our role is to create a structured, respectful environment where a true settlement can be reached.
1. We Create a Space for productive Dialogue.
Emotions and frustrations often run high. We act as an impartial facilitator, ensuring that conversations remain focused, respectful, and productive. We give everyone a chance to be heard, which is often the first step toward breaking an impasse.
2. We Translate Positions into Underlying Needs.
You may be focused on compensation for your suffering, while the insurance adjuster is focused on liability and cost. We help translate these positions into the core needs behind them: you need security and resources to recover, and they need a predictable, reasonable outcome. We find the common ground.
3. We Reality-Test the Strengths and Weaknesses of Each Case.
As neutral experts, we can openly discuss the potential outcomes of taking a case to trial. We help both sides see the risks, costs, and time involved in litigation, which often makes the value of a fair settlement today crystal clear.
4. We Foster Creative Problem-Solving.
Sometimes a stalemate isn’t just about the total dollar amount. We help explore creative settlement structures, such as structured payments for future care, that might meet both parties’ needs better than a single lump sum.
5. We Draft a Binding Agreement.
Once a consensus is reached, we ensure the terms are clearly documented in a legally binding settlement agreement. This provides immediate closure and prevents future misunderstandings, allowing you to finally move forward with your life.
1. Disputes Over Liability (Who Was at Fault)
Often, a case isn’t a clear-cut case of one party being 100% at fault. There might be shared blame or disagreement about what actually happened.
Example: A car accident where both drivers claim the other ran a red light, or a slip-and-fall where the property owner argues the hazard was “open and obvious.”
How Mediation Helps: We facilitate a discussion of the evidence without the need for a “winner-takes-all” battle. This can lead to a compromise that reflects shared responsibility (e.g., a 70/30 split of fault) that both sides can accept, avoiding the risk of one side losing completely at trial.
2. Disagreements on the Severity and Impact of Injuries
The defense may argue that your client’s injuries are pre-existing, not as severe as claimed, or were not directly caused by the incident.
Example: A client with a prior back injury is in a new accident. The defense argues the current pain is from the old condition, while your client insists it was significantly aggravated by the new trauma.
How Mediation Helps: In mediation, we can explore the nuances of medical reports and testimony in a less adversarial setting. This allows for a more realistic evaluation of how a jury might view the “eggshell plaintiff” doctrine and often leads to a settlement that acknowledges the role of the accident.
3. Valuation Disputes (What the Case is “Worth”)
This is the most common sticking point. The injured party has one number in mind for their pain and suffering, while the insurance company has a much lower one.
Example: Your client has substantial non-economic damages like emotional distress, loss of enjoyment of life, or chronic pain that is difficult to quantify.
How Mediation Helps: We act as a neutral messenger, helping each side understand the other’s valuation method. We can reality-test the potential range of a jury award and help both parties find a middle ground that reflects the true strengths and weaknesses of the case.
Connect with trusted mediators and move forward with confidence.
Through mediation, parties can resolve contract breaches in a constructive and solution-focused manner, avoiding the uncertainty and expense of court proceedings. Anthem Mediation is committed to guiding you toward a fair resolution that upholds the integrity of your agreements.
Contact us today to discuss your breach of contract issue and explore mediation as the best path forward.
Discover Alternative Dispute Resolution (ADR), a faster, private, and more affordable path to settling your conflict. Take control of the outcome today and find a flexible solution that works for you. Our seasoned mediators are standing by to help you today. Call now: (800) 980-9244
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