Bare Doctor Blog: Lubell & Rosen Law Firm

Mediation is the process by which parties to a lawsuit attempt to settle the lawsuit through a neutral facilitator, the mediator. Typically, the parties gather in a room to discuss the strengths and weaknesses of their cases and thereafter break off into separate meetings, or “caucuses.” The defense team talks among itself, as does the plaintiff’s team. The mediator shuttles between both camps, intentionally playing the role of “double agent,” all the while bringing the parties closer to an agreement. Ultimately, if the parties agree to resolve the matter, a written agreement is crafted on the spot and submitted to the court for approval.

In legal proceedings and under bar rules, defense attorneys can only communicate with plaintiffs through their attorneys. Accordingly, plaintiff attorneys serve as buffers, and as in the children’s game of telephone, not all messages get through. In mediation, however, the lines of communication are open. Defense attorneys can speak directly to plaintiffs—and they can share that their clients are judgment-proof. Having an asset-protection plan in place gives defendants an additional bargaining chip, increasing the likelihood of a more advantageous settlement.