Civil liability claims can be deeply personal to those involved. No matter the subject matter, be it personal injury, sexual harassment, property damage, employment, or other civil wrongdoing, accusations of fault can elicit emotional responses. These are often difficult to communicate. Against that backdrop, airing a civil liability dispute before a judge or jury can feel like a completely insensitive invasion of both parties’ privacy.
Mediation is an invaluable tool in this context. A well-trained mediator will assist the parties to validate their feelings in a safe environment and facilitate a productive discussion of both non-monetary losses and more readily quantifiable “economic” damages. Each party is equally invested, in process as well as outcome. Each will likely be satisfied with the result.