Personal injury claims are just that – deeply personal to those involved. Elements of pain, suffering, emotional distress, and grief are so profoundly felt, yet so hard to communicate. Accusations of fault elicit emotional responses. Against that backdrop, airing a personal injury 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 quantified “economic” damages. Each party is equally invested, in process as well as outcome. Each will likely be satisfied with the result.