Mediation FAQ: What Helps To Get The Case Settled?

What Helps To Get The Case Settled?

Everything I have covered in this article is designed to assist you in trying to resolve your dispute.  The more you prepare, the more likely you are to reach a settlement.  Perhaps the most important factor in you being able to settle your case is having a realistic expectation regarding the value of your case and what is means to really compromise.  If you think you could get $1,000,000 from a jury on your very best day, do not expect the other side to be willing to pay you that $1,000,000, as they will be looking at how little they could pay you if the jury believes them more than it believes you.  If you are an injured party, you may likely feel that no amount of money can really make the past go away.  Likewise, if you are defending that case, do not expect to walk away paying the amount you think you would at trial if you did everything right and the jury agreed with all of your analysis and presentation.  The sweet spot for settlement is somewhere between those two extremes.

Ultimately, if your case is not settled at mediation, a judge or jury will decide the case value.  Jurors are strangers to your case and may have differing beliefs and attitudes toward you.  Jurors are often suspicious of people who bring lawsuits and of their attorneys.  They also tend to wonder why they shouldn’t get the $1,000,000 that you are seeking and sometimes resent the person asking for money.  This is especially true where there are minimal property damages and soft tissue injuries that cannot be verified objectively or where damages in a business matter are caused to a new business and are hard to quantify.  On the other hand, juries tends to be unforgiving if they feel a plaintiff has been treated unfairly or if they feel the acts of the defendant are particularly harmful that they need to be punished.  Further, some jurors have religious or moral objections to filing a lawsuit and therefore hold some bias.  Some jurors, for reasons they may not even understand, will simply like one party more than the other party. You should come prepared to discuss a realist case value in light of all of these risks.

Jay Young is a Mediator in Las Vegas, Nevada.  He can be reached at or at

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