Mediation–The 3 Important Things to Remember

The 3 most important things to know about Mediation–the alternative to expensive trials.

1st Never give away your entire case in the first hour of mediation.

Mediation is a process that usually takes the entire day.

A lot of times what happens during the first five or six hours of mediation are unimportant.

It’s when you get close to the end of the day that the real negotiations occur.

That’s why you want to hold back some of your ammunition until that time.

If you tell the mediator your entire case with all its strengths in the first hour, then what are you going to be able to tell the mediator after six hours that is going to get the other side to increase their money offer?

Pittsburgh Wrongful Death, Medical Malpractice, car accident, slip and fall and criminal attorney Bernie Tully believes it’s always better to hold back two or three of your most important arguments until the end of the day.

That way, it’ll give the other side something to consider when thinking about the value of the case.

Number 2 – be willing to walk away from the table if your demand is not met.

Emotionally, this is difficult to do. Often times the client wants to get the matter behind him or her and settle the case for the money that’s on the table.

However if you think you can get more money by ending the negotiations and saying no to their top offer, you should do so.


Because the other side seldom if ever withdraws the offer they make at mediation.

I can only think of one occasion in over 25 years where the other side withdrew their offer after the end of the mediation session.

When you weigh that against the hundreds of cases where the insurance company left their offer on the table even after the mediation broke down, you can see it’s a low risk strategy for negotiations.

3rd, understand that often times the insurance company makes their best offers at mediation.

Would you like to guess why?

Because up to that point, the insurance company has not spent a lot of money on the case. Yes they’ve retained an attorney and are paying the attorney on an hourly basis. However they have not started to spend the serious money required to prepare the case for trial.

Therefore insurance companies are often willing to put a little more money into an offer at mediation as opposed to right before trial when they have already spent the money necessary to get the case ready for trial.

It’s always important to keep in mind that mediation is an art and not a science.

Pittsburgh wrongful death, medical malpractice, car accident, slip and fall and criminal defense attorney Bernie Tully wants you to know that what works in one mediation often does not work in a different mediation.

That’s why it’s important to have an experienced trial attorney with you during your mediation.

This is one situation where experience really does matter.

Have I told you I have over 25 years experience doing mediation cases?

Ha ha I just wanted to throw that plug-in.

The last thing about mediations is that they are the wave of the future.

Wrongful Death, Medical Malpractice, car accident and mediation attorney Bernie Tully sees mediation as being an option in almost any kind case.

Well that’s it for now. Thanks for reading about mediation.

Do you have any questions about the process?

Call me at 412-281- 8700.

Unless there’s a Steelers, Penguins or Pirate game going on I will get back to you that day.

Thanks again.

Bernie the attorney.