Peace Like A River Mediation Services, LLC FAQs

While it will vary from mediator to mediator, over our history, approximately 80 - 90% of all cases mediated have resolved at the mediation or shortly thereafter without the need of going to trial.

Unless the parties agree otherwise among themselves, each of the parties share the cost of the mediation equally.

An experienced mediator increases the flow of information between the parties, offers objective insights into the strengths and weaknesses of the parties’ positions, can assist in “reality checks” with clients, and can offer creative solutions to roadblocks to settlement.

While each case is different, the average personal injury case takes five to six hours to mediate, while the average workers’ compensation case takes somewhere around four hours. The length of the mediation will vary based on the willingness of the parties to negotiate, the complexity of the issues in dispute, and the number of parties in the negotiation.

We encourage the submission of position papers by the parties. It is always helpful for the mediator to know the basic facts of the case, the issues in dispute, and the negotiations that have taken place thus far to assist in determining the strategy that will be the most effective in helping the parties reach an agreement. It is recommended that these position papers be submitted at least five days in advance so that the mediator will be sure to have an opportunity to review them prior to the mediation.

In addition to the attorneys and the parties, the adjuster should also attend the mediation. While having an adjuster available by phone is permissible, the chances of success for the mediation are greatly increased by the adjuster’s personal participation in the process. Many defense attorneys find that they strengthen their relationships with their adjusters by having them present at the mediation. Sometimes, it is helpful to have a crucial witness who had not yet been deposed at the mediation. Whenever possible, spouses or significant others should be present at the mediation as well.

In the event that a settlement is not reached at mediation, the parties may still be able to reach a settlement without the necessity of a trial. Usually, where no settlement is reached, the issues have at least been narrowed and the cause for the different evaluations by the parties has been identified. Also, additional information may be obtained after mediation, which may assist in ultimately reaching a settlement. The participation in a mediation which does not result in a settlement does not prevent a party from having the case resolved at a trial or hearing. Sometimes if parties do want to have a trial or hearing, they may reach a high-low agreement at the mediation to provide some level of protection for all involved.

In mediation, the parties control the outcome of their case. The mediator is not empowered to tell the plaintiff how much they must take or the defendant how much they must pay. The mediator will assist in the process, but ultimately whether the parties resolve the dispute is up to them. However, in arbitration, the arbitrator acts in a manner similar to a judge in issuing a written ruling which is binding on the parties.

The photo on the landing page is of the Ninilchik River, located in Ninilchik, Alaska. According to the Ninilchik Chamber of Commerce, the village is a fishing community that lives up to its Russian name meaning, "peaceful settlement by a river."