Mediation is a form of dispute resolution that is a branch of Alternative Dispute Resolution (ADR). Increasingly in recent years mediation has become a more and more appealing forum for adverse parties to resolve personal injury disputes. Frequently an attorney handling a personal injury case reaches an impasse in settlement negotiations with an insurance adjuster. The attorney and adjuster at this point are unable to arrive at a settlement figure for the underlying injury claim.
This can happen either before or after litigation of the underlying claim has begun. But to resolve such an impasse, parties are increasingly turning to mediation. In future posts I will explain the mediation process in greater detail, but for now, let us first start with a concise description of what mediation actually is, as provided by the Oregon Mediation Association.