If I understand you correctly, you went to mediation to reach a settlement agreement with an insurance company but you refused their offer. In that case you have the option of returning to mediation perhaps with another mediator or going to court in which the jury could find in your favor or not and the jury will set the amount of damages you will receive or reward nothing at all.
That is the danger in going to court, one side wins and the other side loses, in mediation you both get a chance to make concessions and come away with something, in open court you get no say, the attorneys do all the talking and you win all or lose all.
You are responsible for paying for your own attorneys and they are usually the only big winners in a court battle because they get 1/3 or more of whatever your award is. If they took your case on a contingency basis and you lose they get nothing at all, if they didn’t you have to pay them win or lose.
February 21st, 2010 at 9:46 am
If I understand you correctly, you went to mediation to reach a settlement agreement with an insurance company but you refused their offer. In that case you have the option of returning to mediation perhaps with another mediator or going to court in which the jury could find in your favor or not and the jury will set the amount of damages you will receive or reward nothing at all.
That is the danger in going to court, one side wins and the other side loses, in mediation you both get a chance to make concessions and come away with something, in open court you get no say, the attorneys do all the talking and you win all or lose all.
You are responsible for paying for your own attorneys and they are usually the only big winners in a court battle because they get 1/3 or more of whatever your award is. If they took your case on a contingency basis and you lose they get nothing at all, if they didn’t you have to pay them win or lose.