At Crosley Law, we prepare every case as if it’s going to trial. However, we also understand the power of alternative dispute resolution (ADR), methods that help people avoid a trial and resolve their disputes out of court. We have a history of using aggressive legal techniques and excel at ADR methods like mediation.
Keep reading to learn more about mediation and how Crosley Law’s injury lawyers approach ADR, helping our clients get the compensation they deserve.
What Is Mediation?
Mediation is a private process where you sit down with a neutral mediator, who is typically a specially-trained attorney. During mediation, you and your lawyer will present your evidence and arguments, discuss the case with the other party and their legal representatives, and try to reach a settlement agreement.
Compared to a court hearing, mediation is informal, and there will not be a court reporter transcribing your negotiations. Instead, you will have off-the-record discussions about the case and settlement. Some of these negotiations will happen face-to-face with the at-fault party; others will occur while you are in separate rooms. The mediator’s job is to help you find common ground and keep everyone on task and civil. They will not assign fault or force anyone to settle. If the parties cannot reach an agreement, the case will go to trial before a judge and jury.
Crosley Law has extensive experience with mediation and we use our knowledge to our clients’ advantage. Compared to a court trial, the mediation process is typically quicker and less expensive. Mediation also decreases a lot of your pressure and stress and provides everyone with a greater level of control over the proceedings. In many cases, both parties feel equally satisfied with the result of a mediation case.
RELATED VIDEO: Crosley Law Client Story: Zack S.
Crosley Law Used Aggressive Mediation Tactics to Help a Pedestrian Injured by A Delivery Driver
One of our most recent and successful mediation cases helped an autistic man get the compensation he deserved after being hit by a delivery driver. Zack was walking back to his parent’s house from his job at the grocery store when he was hit from behind by a delivery vehicle. Zack suffered a traumatic brain injury, severe leg fracture, and various arm and scalp lacerations. His injuries required several surgeries, a 20-day stay at an inpatient rehabilitation hospital, and months of home health assistance and physical therapy.
Unfortunately, the insurance company argued that the delivery driver wasn’t to blame and tried to point the finger at Zack. In response, Zack and his family turned to Crosley Law for help.
Thorough Research Uncovered Safety Issues and Company Negligence
Crosley Law obtained evidence from the GPS units on all the company’s delivery vehicles and discovered safety violations numbering in the hundreds. Furthermore, we discovered that the company had not been taking any corrective actions to eliminate these ongoing safety problems. Our injury lawyers suspected that this was a situation where the company was putting profits over the safety of their drivers and others.
Tom Crosley traveled across the country to interview witnesses, corporate executives, and the negligent driver. He also worked with crash reconstruction experts, doctors, and other medical professionals to paint an accurate picture of both the crash and Zack’s injuries.
Crosley Understood the Complexities of the Case and Prepared Extensively
To prepare for the mediation settlement conference, Crosley Law hired a trial consultant and jury focus groups and spent days breaking down the case to predict how a jury would react. Tom Crosley distilled the case into two short, neutral presentations that he gave to the focus groups. Simulating a court case, the groups then deliberated and reached a verdict based on the presentation they had received.
The results of the focus group trials helped us evaluate the case to better understand its strengths and weaknesses and gave our lawyers the confidence to hold out for a top value settlement for their client.
Crosley Law Used Its Reputation to Streamline the Mediation Process
The mediation in Zack’s case was complex. The defendant was a national corporation with over 5,000 stores. There were multiple law firms involved and two insurance companies. The corporation had hired a private lawyer, and the insurance company had brought an adjuster lawyer due to the high risk involved in the case.
However, our experience with other high-profile brain injury cases and reputation for aggressive tactics helped simplify the proceeding. “Crosley Law has developed a reputation for being a law firm that insists on full and fair settlement value in each and every case,” said Tom Crosley, “otherwise we are prepared to take the case all the way to trial.”
The Mediation Process Produced a Record-Breaking Settlement
The mediation session was an all-day process, but Crosley Law’s research, preparation, and reputation convinced the company and its insurers of the potential for a very large jury verdict against the defendant should the case go to trial. Their $9,000,000 settlement was the highest mediated settlement in Texas that year.
Their $9,000,000 settlement was the highest mediated settlement in Texas that year.
But our representation didn’t end with the settlement. Because of Zack’s autism, he is dependent upon his parents for daily needs, and we knew that there would come a day when his parents would no longer be around to provide the care and support Zack needed. Our team created a trust for Zack, ensuring that his interests and money would be protected throughout his life and that he would still be eligible for certain government benefits.
“It was very important to me that we not just stop our work after getting a settlement,” says Crosley, “but that we also make sure that this settlement is preserved for this young man for the rest of his life.”
Crosley Law | Advanced Mediation Tactics and Experienced Accident Attorneys
Crosley Law has a strong reputation as a law firm that will fight to get clients the compensation they deserve. If you or a loved one has suffered injuries caused by another’s negligence, contact us today for your free consultation to discuss your case. You can call us at 210-LAW-3000 | 210-529-3000 or complete our online form.
The content provided here is for informational purposes only and should not be construed as legal advice on any subject.