Mediation is a crucial step in many personal injury cases. But what happens when it fails? Surprisingly, a failed mediation can sometimes be a blessing in disguise. It can provide valuable insights and information to strengthen your case if it goes to trial. Let’s explore how this works and what you need to know about the process in Florida.
How can you use information from a failed mediation?
During mediation, both parties share information about their positions and evidence. Even if you do not reach an agreement, this exchange can be invaluable. You and your attorney can:
- Identify weaknesses in the other party’s case
- Gauge the strength of their evidence
- Understand their negotiation strategy
This knowledge allows you to better prepare for trial. You can focus on strengthening areas where the other side seemed confident and exploit any weaknesses you discovered.
What are the legal limits to using mediation information?
Florida law protects the confidentiality of mediation proceedings. As such, all mediation communications are confidential. However, there are exceptions:
- You can disclose information if all parties agree
- The court might use some information if the case goes to trial and needs it for justice.
Your attorney can help you navigate these rules to use the information effectively without violating confidentiality laws.
How can an attorney help you leverage a failed mediation?
A failed mediation doesn’t mean your case is over. An experienced personal injury attorney can help you with the following:
- Analyze the information gained during mediation
- Develop a more potent trial strategy based on this insight
- Prepare more compelling arguments and evidence for court
They can also advise you on when to consider further negotiations or when to proceed to trial. With their guidance, you can turn a setback into an opportunity to build a more compelling case.