Motorcycle accidents often result in serious injuries, such as traumatic brain injuries or spinal cord injuries. These injuries may be expensive to treat. When a victim has received pushback from the insurance company regarding his or her alleged damages, mediation can be an effective way to humanize the case.

Before mediation begins, the mediator will explain his or her role, as well as any relevant background on how he or she is familiar with motorcycle accidents. Then, the other parties will introduce themselves so everyone is familiar with everyone else who is present at mediation. Often, the defendant is represented by an attorney or insurance company and may not personally attend, but in some cases, the defendant may attend.

The mediator may ask that all participants sign confidentiality agreements. This ensures that the parties will not be able to discuss what was stated during mediation outside the mediation process. Having confidentiality during the process is vital since the parties do not have to worry about saying something that can later be used against them in court.

The plaintiff or his or her attorney will begin the process by giving an opening statement about why they are at mediation. The defense attorney may then give a statement. Depending on the mediator’s style and the relationship between the parties, the next step will either be a joint or individual session. In joint sessions, all parties participate together. In individual sessions, the mediator talks to one party at a time and then talks to the other party. During these sessions, the mediator shares important information and may communicate offers and counteroffers to the parties.

If the parties reach an agreement, the mediator draws this up and the parties sign, saying that they agree to settle the case on the terms described. If the case was pending in court, the lawyers will draw up the necessary paperwork and the case will be over.