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How to prepare to mediate your maritime injury case

On Behalf of | May 23, 2024 | Maritime Law

After being injured at sea, you might be ready to fight for every penny of compensation you can recover from the legal process. While you might have the opportunity to do that by fully litigating your claim, there’s a good chance that your case will ultimately be resolved through mediation. While less formal and oftentimes less contentious than trial, mediation is a process that you must prepare for if you want to secure the outcome you deserve.

How mediation works

Mediation is an alternative dispute resolution process where you and the defense sit down with a neutral third-party mediator to discuss the case and how to resolve it. This mediator should assist each side in viewing and understanding the other side’s arguments and assist them in finding a fair, favorable, and acceptable resolution. To achieve this goal, the mediator will ask a lot of questions and help reframe the issues to better ensure understanding and secure compromise.

How to prepare for successful mediation

Although you can walk into your mediation unprepared, it’s highly discouraged. Doing so could put you in a position where you obtain a poor outcome. Therefore, before sitting down at the negotiating table, you should do the following:

  • Identify points of contention: If you think it’s going to be hard to resolve your case, it’s because there are points of contention. By identifying these issues early, you can frame your arguments and anticipate the defense’s response. This puts you in a stronger position to justify your stance, which can give you a better footing in the negotiation process. You can increase your chances of success by finding ways to let the other side “win” on certain points while advocating for and protecting your overall interests.
  • Gather relevant documents: You want to be persuasive during mediation. By bringing documentary evidence to negotiations, you can be more convincing. So, gather your medical records, filed injury reports, and any written statements that may recount your accident and its corresponding injuries.
  • Know what you’re comfortable walking away with: You probably have an ideal figure that you want to walk away with. But you need to be realistic and expect to compromise. By identifying the minimum amount of compensation that you’d be comfortable walking away with, you’ll know where you need to land in your mediation to achieve success. This will give you direction in developing your mediation strategy.
  • Prepare opening statements: At the start of your mediation, you want to give the mediator and the defense a clear understanding of where you are and what you hope to achieve from the mediation process. By developing a strong opening statement, you can give direction to the negotiations and persuade the other side to meet you closer to the middle.

Don’t cave in your maritime injury case

There are plenty of opportunities to cave in your maritime injury case, putting a quick end to what can be a contentious process. Avoid that urge. Instead, develop a strong legal strategy that aggressively advocates for what you need. After all, that’s the only way to secure the financial resources necessary to secure appropriate medical care and financial stability.

So, if you want to increase your chances of obtaining a fair outcome in your case, then now is the time to start building your claim and developing an effective negotiation strategy.