Civil litigation feels like a super serious and formal process, with lawyers making well-thought-out arguments to the jury, and judges presiding over the courtroom with stern looks. But amidst the formalities, there's one event in the litigation process that often surprises me with its potential for comedy: mediation. While sometimes mediation may be appropriate, I am definitely not a fan of mediation and don’t think it is as useful as the legal community is making it out to be. Here is my take on mediation — a truly comedic experience.

The Mediator: Part Therapist, Part Comedian. When you step into the mediation room, you encounter a unique creature known as the mediator. Often grossly unprepared, the mediator attempts to argue against both sides’ arguments. Their job is to diffuse tensions, and guide the parties towards a resolution, which often results in the mediator simply regurgitating the arguments from the other room — absolutely hilarious.
Awkward Introductions and Forced Handshakes. Mediation typically begins with an awkward introduction as the parties and their attorneys exchange pleasantries and attempt to put on their most amicable faces. Cue the forced smiles and overly firm handshakes that can feel like a comedic sketch.
The "Negotiation". As mediation progresses, parties engage in a dance of compromise. By the time the negotiation starts, the mediator has identified the weaker side and will apply pressure according. It may become quickly apparent that not only do you have to fight the opposing counsel but also the mediator.

While mediation has its benefits and can be a valuable tool for resolving disputes efficiently and amicably, but it is not always be favorable for the plaintiffs. The power imbalance, lack of formal discovery, pressure to settle, limited remedies, confidentiality, and potential for unequal bargaining power can all contribute to an unfavorable mediation experience for plaintiffs. Beware of the mediators unpreparedness, laziness and inappropriate acquaintanceship with the opposing counsel and know when it is time to walk out. It's important for plaintiffs to carefully consider their individual circumstances, consult with experienced legal counsel, and weigh the pros and cons before deciding to pursue mediation or opt for traditional litigation. Attorneys at My Injury Law Firm will give a full evaluation of your case and help decide if mediation or litigation is a better option, to ensure your rights and interests are adequately protected.