Answer: The main goal of mediation is to see what the defendant’s best offer is and explore settlement, but you are not required to settle. Going into mediation, we aim to negotiate and get the nursing home’s highest offer on the table. This helps us evaluate the case. If that offer is acceptable and fair, fantastic – we can settle and bring the case to a resolution. But if the offer isn’t good enough, you absolutely do not have to agree to anything that doesn’t feel right to you. Mediation is voluntary and non-binding, meaning no one can force you to take a deal. Many clients worry that saying “no” at mediation means they’ve failed or will be penalized – that’s not true. You’re simply learning what the other side is willing to do. In fact, mediation is often successful in at least getting the insurance company to show their hand with a serious offer. But again, “success” is not just settling – success can also be walking away if the offer is inadequate, knowing we tried. Our approach is to use mediation to get the best number we can from the nursing home’s insurer, then carefully evaluate it. If it’s not enough, we continue with the lawsuit. You won’t be pressured by your lawyer to take a settlement you don’t want. The decision to settle or not is 100% yours. The mediator might encourage both sides to compromise, but they also know no one can be forced to settle. So, think of mediation as a no-risk opportunity: if a good settlement emerges, great – if not, we still gain insight. Either way, you will have your lawyer’s guidance on whether an offer is fair, but it’s always your choice to accept or decline.
