Parties who are injured because of car accidents, slips and falls, defective products or other accidents may decide to litigate their case.  The defendant or the victim’s legal counsel may recommend the process of mediation to defray some of the costs involved in litigation and to speed up recovery of financial compensation.  Some of the following factors may impact the willingness of the parties to settle the case in mediation:

Expectations

It is not uncommon for injury victims to have an outlandish idea about the value of their case.  They may have heard news stories where multi-million dollar verdicts were issued.  However, this is not the norm.  Likewise, an insurance company may believe that it will prevail on a particular claim only to discover later that a jury holds its insured responsible.  If both parties enter mediation with a realistic expectation regarding the potential value of the case, they will be more likely to settle their claim.

Worst Case Scenario

It can also be helpful to the parties to consider the worst case scenario.  For the victim, this may be to recover nothing on the case.  For the defendant, it may be to receive a judgment against it for a sizable amount.  This can help the parties determine whether it is in their best interest to settle the case or to take a chance with a trial.

Recent Decisions

The parties may consider recent decisions made in the same venue to try to predict how a judge or jury may rule in a particular case.  It may also look at how similar issues were decided in recent cases, such as questions regarding causation or contributory negligence.