The purpose of mediation is to settle the case and avoid the stress, time investment, expense and risk of trial.
Mediation is a process by which a neutral third party, almost always a lawyer, who is called a mediator meets with the parties for the purposes of working with them to bring the parties to a mutually agreeable settlement.
The mediator does not have the power to make a decision and may not impose his or her judgment on the issues for that of the parties. The mediator’s sole function is to get the parties to agree on a settlement. Nothing can happen at a mediation without your consent.
Accordingly, the settlement occurs only if both parties agree. This is different from arbitration in which the arbitrator makes a ruling or decision.
IS MEDIATION MANDATORY? Yes, in most Personal Injury cases. The Minnesota Rules of Court require that the parties use some form of Alternative Dispute Resolution (ADR). Mediation is the most commonly used form of ADR. Accordingly, in most cases the Judge will order the parties to use mediation. In Workers’ Compensation cases, mediation is not mandatory but is commonly used. Mediation is not mandatory in Medical Malpractice cases.
WHO WILL BE THE MEDIATOR? In almost all cases, the mediator is selected by the attorneys-who are usually able to agree upon a mediator that is acceptable to both sides. Usually the mediator is an attorney experienced in Personal Injury or Workers’ Compensation cases or a retired Judge who has handled Personal Injury or Workers’ Compensation cases while on the bench. If the parties cannot agree, the Judge will appoint the mediator.
HOW DOES THE MEDIATION PROCESS WORK? Mediation is typically held in the offices of one of the attorneys or the mediator. The mediator typically meets privately and separately with each side and their attorneys. The mediator will typically go back and forth between the parties, meeting with each side privately in an attempt to bring the parties to a mutually acceptable settlement.
WHAT DO I NEED TO DO TO PREPARE FOR MEDIATION? Your lawyer at the Schmidt & Salita Law Team will prepare a document called a mediation submission that is presented to the mediator in advance of the mediation.
IS MEDIATION A GOOD THING? Absolutely. This is your best and maybe your last chance to settle your case without having to go through a full-blown trial. Some just don’t settle and have to go to court. Not all cases settle on the date of the mediation and the mediation process can continue over a period of weeks with the mediator continuing to work with the parties. Overall, mediation, in most cases, is a good thing
I understand how overwhelming this can be. Let me handle the legal complexities while you focus on your recovery and getting back to normal.
Dean M. Salita
Client Reviews
What Our Clients Are Saying About Us
NB
Google Review
Schmidt Law Firm is so much more than the usual out for their back pocket firm they are a group of truly caring people. I was hit by a car & have memory loss. I don’t know how many times they all had to go over and over the same thing with me. They even gave me reminder calls for my doctors appointments. When things were so overwhelming I would call and all I could do is cry and they listened and never once complained or cut me short. Doug and Vanessa were all very helpful so was the rest of the staff. God Bless them all. By the way they got me a lot more than I had hoped for. You really don’t want to be on the opposing side of the table of Doug, he will rip you before you know he did it and he does it in such a nice way.
Amy Cassidy
a month ago
Josh was awesome! He’s a very down to earth guy and very helpful when I was struggling with the pain from my injury and all the stress that comes with dealing with work comp. Also, his legal assistant Lori is amazing! She was so genuine and always listened to what I had to say. I highly recommend this law firm!
Mary Davis
6 months ago
I have nothing but a great experience with this law firm. Dealing with an accident on top of injuries can be extremely stressful. When choosing representation you want a team with exceptional experience and knowledge. I have personally worked with Joshua Laabs for many years. He’s very polite and professional, and cares about the person beyond just the case. He cares not only about your injuries but that you are properly represented and treated medically. He cares beyond numbers about his clients. He works diligently and hard for the best outcome for his clients. This is the type of person and firm you want representing you in your personal injury case.
Tim Ginn
a year ago
Doug Schmidt is an ultimate professional and legal counselor who not only helped me in the intense and overwhelming legal matters of my personal injury case , but took a sincere personal interest in me and what I was going through medically to get the best possible outcomes for my healing. One of the many things he is quite knowledgeable about are concussions, even giving lectures to other chiropractors and health care professionals on this important misunderstood topic. Shortly after our first discussion, he wanted me to get further testing in regards to a possible concussion as part of the aftermath of my car accident. I know I would have overlooked this very important outcome had it not been for Doug and his kind and caring concern. I am still dealing with post concussion symptoms, but Doug is the one who steered me in the right direction for further help and healing. He goes above and beyond what most “typical” attorneys would do. Doug is anything but “typical”. I am so impressed with his integrity, knowledge, skillfulness, and kindness as a person and an attorney, that I couldn’t be happier than to highly recommend him for any personal injury case! He is amazing! I feel very fortunate to have him on “my side”. Thank you, Doug! Karen Ginn
Sarah Nordby
2 years ago
I was involved in a car accident that left me in debilitating pain. I can’t even begin to explain everything I’ve been through the past five years, or how it has changed my life. I will tell you that I wouldn’t have gotten through it without Dean and Caitlin. Dean walked me through the entire process from start to finish. I didn’t have to do anything except focus on getting better. Caitlin was always a quick email or phone call away. She worked tirelessly to go after the insurance company when they wouldn’t pay my medical bills. It was like having my own assistant. I literally didn’t have to talk to any of these people. She did everything for me. In the end, all my medical bills were paid and I ended up with a nice settlement that I feel was well deserved after everything I’ve been through. If you are looking for good representation. I highly recommend Schmidt & Salita Law Team. An experienced group that will fight to get you what you deserve.
“I wanted to extend my personal thanks and appreciation, as well as that of my siblings. We are appreciative of the representation you extended to our father. He always battled for the “little guy,” and you did that for him thru this process. Please extend this thank you to Molly as well. Thank you.”
TM
“Doug Schmidt and his team were a godsend – they were compassionate and professional in helping my sister and I navigate our mother’s Wrongful Death. They were easy to communicate with, and I always felt my concerns and opinions were being heard. I would recommend Schmidt Law Firm to anyone who asks.”
KJ
“I feel very lucky to have Mr. Schmidt working for me. He took my case when my first lawyer would not and could not fight his way out of a paper bag. My case was very involved but Mr. Schmidt made it look so easy.”
DH
“Doug and his team are top notch. They are hard working and meticulous with getting the best results… I felt like I was in good hands through the entire process. I couldn’t be happier with the outcome.”
JA
“I wanted to tell you thank you for everything you have done for me I really appreciate it…I truly appreciate everything you did just taking the time to answer my questions, makes me feel good about what was going on and understanding what was happening and everything and just being patient with me. Again I truly appreciate ha...
LW
“Just wanted to take this opportunity to thank you and your staff for all your efforts to collect benefits on behalf of my husband. Your kindness and sympathy during our initial visit with you was very much appreciated.”
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partner, Dean M. Salita, with more than 30 years of legal experience as a personal injury attorney.