Due to the uncertainty associated with bring a case before a jury, the process of resolving a product liability claim though mediation is becoming more and more popular.

Not only is it helpful for resolving issues that could result in litigation at a higher cost and take more time, mediation leaves both parties in control of the outcome. A resolution or settlement can only be made through mediation if both parties agree to the terms. If both parties cannot come to an agreement or reach an impasse, no final decisions will be made.

Before deciding whether mediation is the right choice for your case, it’s important for both the plaintiff and the defendant to fully understand what to expect. Moving directly into negotiations may not always the best way to handle a products liability case. There are a few key issues to keep in mind in order to create productive negotiations.

Choose a Mediator Experienced in Product Liability Law

As with any type of case, you want a mediator who’s experienced and familiar with the intricacies associated with these types of claims. Find a mediator with extensive litigation experience, an understanding of product liability law and insurance laws, and a familiarity with how similar cases have been resolved in the past.

An experienced product liability mediator is able to identify where the problems are, and direct the parties around any obstacles to resolution. Mediators who are experienced and knowledgeable create value for both the plaintiff and the defendant by providing leadership.

Additionally, selecting a mediator who can provide the parties with tools for solving problems and come up with new ways to think will make the session more productive. Before beginning a joint session, the mediator will help both parties anticipate some of the barriers that may occur during a typical negotiation.

Discuss Mediation with Your Attorney

While mediation is certainly much more effective than litigation in many cases, it is still important to listen to your attorney’s advice with regard to your case. In most cases, neither party should enter into negotiations without legal representation, although this is not a requirement.

If you have additional questions, please give us a call at (214) 275-5333.