Overview of Wrongful Death Mediation

Overview of Wrongful Death Mediation

Mourning Woman at Funeral with coffinMediation is an important part of the litigation process and can actually help lead to an agreed-upon settlement so that the case is more quickly resolved.  It can also be a more personal experience that allows loved ones to honor the decedent and approach the case from a point of dignity and compassion.

Purpose of Mediation

Mediation is a form of alternative dispute resolution that is designed to help the parties settle their case to avoid the negative consequences of litigation.  The parties also have the opportunity to preview likely issues that may arise at trial.  This process often provides clarity to parties in dispute.

Benefits of Wrongful Death Mediation

There are numerous benefits to wrongful death mediation.  Mediation allows the parties to relate to each other on a personal level.  When insurance companies or other defendants deal with claims, these are often assigned numbers and treated as paperwork to handle.  The mediation brings parties face to face, giving a real sense of what the case is about.  Mediation also allows the parties to talk to each other.  The defendant can come to understand the important role the decedent played.  Additionally, the plaintiff can hear how sorry the defendant is and how he or she has taken steps to avoid future accidents.

Additionally, mediation can help resolve the case more quickly.  Plaintiffs in these types of cases often become

Parties at Mediation

Mediation is much different than litigation.  There are only a few people who will be present at mediation, including:

  • The parties involved in the dispute
  • The mediator – This individual is a third party neutral whose job is to help you resolve your case without further involvement with the court.
  • Insurance company representative – If insurance is involved, an insurance company representative will be present to authorize a settlement.
  • Attorneys – The plaintiff and defendant may have their attorneys present who can explain their client’s rights to him or her.

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Overview of Wrongful Death Mediation