*The results are conditioned to the unique circumstances of each case. These results do not guarantee your case will result in the same compensation.
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.
Client Reviews
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.
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“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.”
“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.”
“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.”
“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.”
“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...
“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.
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1600 Hopkins Crossroad
Minnetonka, MN 55305
Phone (952) 473-4530
Toll Free 1-800-656-8450
Fax (952) 544-1308
call us: 952.473.4530
