“There is no better way to settle your case than through mediation.” – John P. DiBlasi
Mr. DiBlasi is a former presiding justice of the Commercial Division of the Supreme Court of the State of New York and is affiliated with NAM, “National Arbitration & Mediation.”1 Mediation is an extremely useful tool in settling cases; it is a process whereby both sides of a case come to the table in hopes of landing on a particular monetary figure (or other remedy) to finalize an agreement without having to resort to going to trial. Mediation can save both sides hundreds, if not thousands of dollars in expenses, time, manpower and various other resources.
The mediations are facilitated by, not surprisingly, “mediators” who act as a liaison between the attorneys or perhaps insurance adjusters. The role of the mediator is to help reason with both sides and offer insight into ways the opposing parties can come to an agreement. Sometimes the mediator informs a party that their position is reasonable, and sometimes the mediator has to let a side know that their position will hinder rather than foster reaching a settlement. Mediators like Mr. DiBlasi are highly trained professionals with years of experience either as judges, as lawyers or in other capacities that have exposed them to a world of knowledge about the claims at stake. Their importance cannot be understated.
Mediation takes into account all aspects of a case and forces the parties to recognize their strengths and weaknesses. It also gives the parties insight to see what will work in court without ever having to step foot into the courtroom at trial. Mediators and the attorneys for both sides will have to value the strength of liability in the case, the extent of damages and what is a sustainable jury verdict, the “likableness” of their clients with respect to jurors in the case’s venue, and many other factors which affect the value and strength of a claim.
As an example, recently, one case, with a venue of Queens County, reached a settlement of $1.65 Million in mediation. The plaintiff tripped while entering her office due to the cord of a vacuum cleaner being left unattended by the premises’ maintainer, Quality Building Services. The client had multiple surgeries to repair knee and wrist injuries from the accident. The client also became severely depressed as a result of the accident. In seeking for past and future lost earnings and well as past and future pain and suffering, the parties reached a $1.65 Million pretrial settlement by way of the guidance of mediator Joseph Spinola.
If you have been injured due to the negligence of another, call the Ginarte Law Firm today: 1-888-GINARTE . You may be entitled to money for your injuries. We have 25 experienced attorneys ready to get started on your case today. Put our 150 years of combined experience to work for you!
1 New York Law Journal, Special Section: Alternative Dispute Resolution, page S3, Monday, November 26, 2012.