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What Happens at a Mediation?

Jed Dietrich, Esq., Distinguished as an American Institute of Trial Lawyers Litigator of the Year, and His Top Rated Team of Lawyers at the Dietrich Law Firm P.C., Acclaimed as an American Institute of Personal Injury Attorneys 10 Best Personal Injury Law Firm,Battle to Obtain the Best Result for Victims of Tragic Accidents in Buffalo, New York.


MediatorThe truth is a vast majority of personal injury lawsuits are settled outside of court—one of the main methods used for resolving cases before trial is called mediation. Mediation is a type of alternative dispute resolution in which both the plaintiff and defendant meet with a mediator. The purpose of the meeting is to assist both sides in reaching a mutually agreeable settlement. The voluntary procedure can take place at any time during the litigation process. Mediations are nonbinding, and anything said during mediation is considered confidential and cannot be used by the opposing party in court. A mediator is a neutral third party, often a retired judge or lawyer, with extensive knowledge of personal injury law. Mediators are trained to provide a party-centered approach and use a variety of techniques to assist parties in reaching optimal solutions. Compared to going to trial, mediations are much easier, faster, and far less costly. Mediation is favored in up to 90 percent of all cases because of the flexibility and ease involved in accepting and rejecting proposed offers.

The Dietrich Law Firm P.C.’s veteran personal injury attorneys have helped thousands of clients through the mediation process and can provide invaluable representation should this route be appropriate in your case. Jed Dietrich, Esq., recognized as an Attorney and Practice Magazine’s Top 10 Personal Injury Attorney, and his team of battle-tested lawyers strive to obtain fair and timely settlements on behalf of all our clients. This means that we may be able to get the compensation you deserve without ever going to court. Nevertheless, Jed Dietrich, Esq. has tried over 100 cases to verdict and obtained over $175,000,000.00 in settlements and verdicts on behalf of his clients . Needless to say, if necessary, the Dietrich Legal Team is not afraid of taking your case to trial and will zealously battle to obtain the best result for your injury claim.

We realize that even minor accidents can lead to devastating injuries, permanent disabilities, severe emotional anguish, and financial troubles. Although we are unable to turn back the hands of time, we will do everything possible to make your recovery process smoother for you and your family. Our extraordinary commitment to exceeding our client’s expectations and delivering an exceptional outcome is what sets us apart from the competition. The Dietrich Law Firm P.C. offers complimentary lawsuit evaluations and consultations. Jed Dietrich, Esq. and his seasoned team of attorneys would be honored to speak with you about your potential case. Our compassionate team is available 24 hours a day, 7 days a week, at (716) 839-3939, or by filling out the online consultation form. We are the aggressive, tenacious, and hardworking personal injury lawyers who are ready to fight for the compensation that you deserve!

Properly Preparing for Mediation

MediatorIn an attempt to seek an early resolution, our veteran lawyers will prepare a demand package to send to the defendant’s lawyer. Our well-reasoned demand package will reference critical case details, such as liability, damages suffered, and admissible evidence. We do not want the defense to be shocked by the amount of our settlement request at mediation. Instead, we hope our demand will make the defense more likely to respond in a meaningful way and start negotiating compensation. Putting demands into writing can also help influence the defense’s awareness of our evidence and arguments.

Before mediation, the Dietrich Law Firm P.C.’s expert attorneys like to meet with our clients to discuss exactly what to expect, the strengths and weaknesses of their case, potential compensation amounts, and essentials that have to be addressed in any settlement. Clients must realize that the purpose of mediation is to explore settlement options as opposed to confronting the other side. We will thoroughly review any statements that the client intends on providing. It is critical never to risk damaging credibility by exaggerating or lying. Our devoted lawyers remain by the client’s side during the whole mediation process. Typically, respectable, well-prepared, and articulate clients are highly beneficial to their cases. Defense lawyers are more willing to compromise with plaintiffs they know will do a good job in court.

If you, or a loved one, were severely injured in an accident, you may be unsure about your course of action. Fortunately, Jed Dietrich, Esq., and his best of the best team of personal injury attorneys are here for you. Jed Dietrich, Esq. has dedicated his life to fighting for justice and believes that no one should have to suffer due to someone else’s negligence or recklessness. Our highly experienced team can be reached 24 hours per day, 7 days per week, at (716) 839-3939. Call us today!

What Happens During Mediation?

Attorneys from both sides prepare written briefs for the mediator to read and deliver presentations in front of the opposing party. While no testimonies are provided, there are no restrictions on the statements that can be made. Additionally, both parties have an equal opportunity to present their respective versions of events along with evidence. The plaintiff and defense lawyers are provided with an opportunity to speak directly to one another, while the mediator facilitates the discussion.

After discussions have concluded, the mediator will split both parties up into different rooms. At this point, the mediator goes between the rooms and speaks to each party. The mediator will go back and forth, from one party to another, in an attempt to find common ground. Without disclosing what is said in confidence, the mediator uses crucial details gathered from both sides to break any deadlocks. A party can reject, accept, or amend the other party’s demands. Acting as a neutral third party, the mediator tries to reach an agreement without any heated arguments. If a mutually agreed resolution can be reached, a non-binding settlement will be put into writing and signed. Nevertheless, if the parties cannot reach an agreement, the case will continue advancing towards trial. As such, our elite lawyers will return to preparing to try the case in court.

WERE YOU, OR A LOVED ONE, SEVERELY INJURED DUE TO ANOTHER’S NEGLIGENCE IN BUFFALO, NIAGARA FALLS, ROCHESTER, OR OTHER PARTS OF NEW YORK STATE?

CALL JED DIETRICH, ESQ. AND HIS TOP RATED AND HIGHLY EXPERIENCED TEAM OF BUFFALO, NEW YORK PERSONAL INJURY MEDIATION ATTORNEYS AT (716) 839-3939 NOW TO OBTAIN THE HELP THAT YOU DESERVE!

What Happens If a Settlement Cannot Be Reached?

If a settlement cannot be reached on the day of mediation, the mediator may offer suggestions as to how any disputes should be resolved. While mediators often give recommendations, they do not assert liability or make final judgments. Since mediators offer unbiased assessments, this can help foster consensus later on. It is imperative to understand the downside risks and costs of continuing litigation. As such, our highly experienced lawyers will maintain all lines of communication with the defense to keep settlement discussions ongoing. Sometimes our skilled negotiators can settle cases during follow-up phone conversations or meetings.

Personal injury cases involving severe injuries, wrongful deaths, or extremely serious damages are rarely settled in mediation. Nevertheless, the procedure still serves an indispensable purpose in discovering a case’s strengths, weaknesses, and potential value. Our seasoned lawyers will attempt to determine the defense’s main contentions. Knowing exactly why the defense refused a settlement offer can provide us with the ability to change their minds. However, this does not mean that we will ever accept a lower settlement offer than deserved. Unlike other attorneys, we will never pressure clients into settling for less just to avoid going to trial. The Dietrich Law Firm P.C. prepares each case with the same level of dedication and determination. As a result, every case we handle is ready to go to court. If we are unable to settle a claim during mediation for an amount that will allow our client to move on, we will not hesitate to bring the case to trial.

Since 1999, Jed Dietrich, Esq., a proud member of the Million Dollar Advocates Forum, has exclusively handled serious personal injury cases. Practicing law the Dietrich way, we are: determined, disciplined, and dedicated to obtaining the best possible result for your case. Insurance companies have paid Jed Dietrich, Esq. and his top rated team of Buffalo, New York personal injury lawyers at least $1,000,000.00 or more 38 times to compensate his clients for their serious personal injuries. The Dietrich Legal Team will zealously battle to obtain the compensation that you deserve for all of your injuries. This may include compensation for your past and future medical expenses , lost time from work, future diminished earning capacity, loss of enjoyment, pain and suffering, and any other unanticipated damages . Call Jed Dietrich, Esq. and his elite team today at (716) 839-3939.


Call the Dietrich Law Firm P.C. immediately at (716) 839-3939 so that our aggressive, tenacious and hardworking personal injury lawyers can fight to obtain the best result for your personal injury claim in Buffalo, New York. We are available 24 hours a day, 7 days a week, and there is never a fee until we WIN for you!

Client Reviews
★★★★★
I am a medical doctor and have worked with many of the best lawyers in Buffalo and I can say without question that Jed Dietrich is the only lawyer I would trust with my injury case in Buffalo New York. B.O.
★★★★★
Dogged, Determined, and Dead-set on getting you the Maximum settlement for your injuries! T.F.
★★★★★
No one will work harder, smarter or better; I have retained Jed and he obtained the best result for my case. D.P.
★★★★★
The definition of an "A" type personality-exactly who I would want to represent me in a serious personal injury case. E.S.
★★★★★
Jed is a Master in the courtroom without an equal. S.C.
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