Mediation has long been accepted as an effective method of resolving legal disputes. It has been used recently to help settle personal injury cases, including those that involve boat accidents. Mediation in boat accident cases may be initiated if the lawyers for the plaintiff and the insurance company have failed to reach an agreeable settlement, usually after several rounds of negotiations. When litigation seems likely, one of the parties may suggest mediation instead. In some states, mediation is required before a case can proceed through litigation.

Mediation may occur at the mediator’s office or in another neutral business setting. It commences with each party providing an opening statement about their side of the case, which they should communicate concisely and respectfully. The mediator explains the process of mediation and the various steps involved in the process. He or she explains the role of private caucuses which are private meetings between the mediator and one of the parties and his or her legal counsel. During these caucuses, the mediator gathers important information about the case and any offers that are being made to settle. He or she then goes to the other party with this information and offer in an attempt to guide the parties toward settlement.

The mediator’s role is important because he or she is a neutral party that does not legally represent either side. He or she can give an unbiased opinion about the case or a particular legal issue so that the parties may be better able to anticipate issues that a judge or jury may find with their side of the case. He or she may also discuss how similar issues were decided in court so that the parties have a realistic viewpoint on how the case may wind up. These matters often increase the likelihood that the parties will settle their claim. If the parties do reach an agreement, they sign a written settlement agreement that stands as an enforceable contract.