Mediation in a wrongful death case is often required by the courts before a civil trial can ensue. Once regarded as an alternative to litigation, mediation (particularly in wrongful death cases) is quickly becoming a step disputants must take before litigation can occur. This isn’t a bad thing: Mediation has quickly proven itself to be an effective and cost-saving alternative to going to court. In addition, mediation leaves the control of the outcome in the hands of the parties in dispute—only they can decide the terms upon which they want to settle.
The mediator involved in a wrongful death mediation hearing will be an attorney who is familiar with the law relating to wrongful death claims. While impartial, he or she will be able to advise each disputant how a judge and jury would likely rule on the case, if taken through litigation. This knowledge often helps the parties in dispute come to an agreement more quickly, once they see that mediation offers them more control over the outcome than a judge and jury would offer. In this respect, it is important that parties in dispute over a wrongful death accusation choose a mediator that they can both trust to give them solid, non-biased advice.
If insurance is involved, a representative from the insurance company will likely be present at the mediation hearing. Many nursing homes, hospitals, doctor’s offices and health clinics have insurance policies to protect them from going under due to wrongful death or medical malpractice lawsuits. Therefore, the insurance company will want to have a representative present to ensure that all details relating to the claim are dealt according to policy and according to the proper legal guidelines.
In the end, mediation is about numbers and compromise. An honest, thorough look at the numbers involved in a claim can allow both parties to compromise in a way that allows them both to leave the mediation hearing with a sense of closure and with the sense that it was handled fairly.
