Mediation is one of the most important parts of personal injury case, and it is usually ordered and endorsed by the court. Mediation is a crucial stage where there is resolute or strong possibility of a settlement. Lawyers of both parties will be skilled at negotiating, but usually the plaintiff is clueless about the procedure. Therefore, it is important to prepare the victim for a mediation session.

First, before the mediation takes place, the lawyer should explain to the victim what the mediation process is about, and what it seeks to achieve. It is important to talk in a compassionate tone, as the victim might be hurting and there might be lot of emotion involved. The lawyer should not only validate these feelings but also attempt to communicate how much compensation is going to be possible under the justice system.

All that Hard Work

The plaintiff should also understand that if they have gathered enough evidence this process should go their way. This is why you are supposed to sort of build your own case and work with your attorney so that you are fully prepared for this day. You may not have been able to hire experts to work this case as if you had the resources to do so but if without that much funding, with a basic smart phone and camera you could and should have some solid evidence supporting your claim.

Treat People with Respect

It also helps to be patient and cordial with people. Screaming at people at the scene of the incident is a turn off. Ordering people to stand by you and to help you piece together what happened is just not going to work. Even people that would have normally been motivated to help you out would not be interested in helping you out any more because of your behavior. No one wants to see a jerk get away with something but if you are not affable and polite to people they may not care about the status of your case. You could become the jerk to them and some witnesses could now just not care either way how the case goes.

Many victims have high expectations about what they should receive for their pain and suffering, but in actuality, it is more of a mathematical calculation based on the medical costs, and loss of income. The victim should be apprised of common practices used for calculating compensation for pain and suffering so that there is no over expectations or anger.

No Embellishment

The next part is carefully preparing the victim to present his or her side of the story. During mediation, the victim will be face to face with the defendant, and this could bring out emotions or anger. The victim should know that he or she is not required to, and should not answer any direct questions. The defendant’s lawyer might try to cross-examine the victim, which should be prevented at all costs during a mediation. However, go over the story and prepare the victim to state what happened clearly and in a logical sequence. It is important that the victim stick to what is practiced and does not add anything on his own during mediation.