Mediating personal injury disputes is an art, not a science. At the core of a personal injury claim is an injured – or deceased – party, with loved ones and family members who are intimately involved in the case. All of these human factors weigh heavily on the mediation process.
What this means is that legal practitioners involved in personal injury mediation, both plaintiff and defense, must approach the matter in a different way than they would a business dispute. In essence, they must bring...