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Ollie's Motorcycle Accident and the Mediation Process in Virginia

This is a story about Ollie who was injured on a motorcycle. Ollie was a volunteer fireman who had to do a lot of ladder climbing. He had been to a softball game one evening in which he was rooting for his firehouse and he watched the game. It got toward 9 o'clock and he decided it was time to go home. So Ollie got on his motorcycle and was driving down the road.

He had read all the motorcycle safety tips and he knew that is was important to be visible on his motorcycle. So he made sure his lights were on. Fortunately for Ollie, his motorcycle's lights came on automatically. He was proceeding down the road, when suddenly from his right, a car pulled out in front of him and ran him off the road. Ollie was injured in the accident and he was taken to the emergency room and treated for a serious leg injury. The driver of the automobile came up with the typical defense in a motorcycle case that he had not seen Ollie. We filed suit on behalf of Ollie because the insurance adjuster would not make a fair offer in the case.

We were ready to take the case to court when the insurance company agreed to a mediation regarding the settlement. We presented our evidence to a retired judge who mediated the case and he came back with an award that was twice as much as the insurance company had offered before the mediation. Needless to say Ollie was delighted with the settlement and, even though he still has trouble with his leg, he still feels he got a fair shake from the mediation process.

Some people have questions about the mediation process. Mediation often occurs just before a case goes to trial and is a way to try and settle a case without the time and expense of a jury trial. Mediation is a voluntary process, and both sides have to agree to participate in the process.

The process involves the two sides hiring a mediator to help guide the settlement process and make sure everything runs smoothly and to help settle disagreements. Often, the mediator is a retired judge. The people that come to the mediation include the lawyers for both sides, both parties involved and a representative from the insurance company that has the authority to settle the case.

Everyone starts off in the same room and the mediator gives an overview of the case and how the mediation process works. Then the two sides split into separate rooms and the mediator goes back and forth between the two rooms and talks to each side one at a time. This is a chance for each side to freely express whatever they want to about the case and to tell the mediator how they would like the outcome to be. The mediator helps each side see the other side's position and offers his experience as to the strengths and weaknesses of each side's arguments.

The mediation continues in this fashion until either the case is settled or the parties decide that no agreement can be reached.

Get our book: Accident Injury Book: Hidden Inside Secrets Big Insurance Companies Don't Want You to Know About Your Injury Claim for no charge, if you live in Virginia. Contact O'Bryan Law today at 1-800-372-4099.