In many Jones Act injury claims both sides will take part in what is called a mediation. Our clients often ask what is a mediation of my Jones Act injury claim? A mediation is simply a meeting between the injured seaman and the Jones Act company during which they voluntarily try to resolve the claim without the assistance of the court. Mediations typically last a full day although some cases can be resolved during a half-day mediation. Both sides agree on the mediator who is typically a retired attorney or judge who is hired by both sides to remain neutral during the mediation. The mediator does not have any financial interest in the outcome of the case and he is paid whether your case settles or not. Both parties will have their attorneys present during the mediation. Most often the attorneys do most of the talking during the mediation, and a short summary of the case is usually made by both attorneys at the start of the mediation. All discussions and activities during the mediation are typically confidential and will not be discussed or revealed during any later court proceedings. The amount that you demand to settle your case during a mediation as well as the amount that your company may offer to pay you for your claim during the mediation are confidential amounts. If your case does not settle during the mediation, typically these amounts will never be discussed in front of the jury. However, usually your trial judge will be informed that the case was mediated and typically the judge is advised as to the outcome of the mediation. There are many reasons to participate in a mediation of your Jones Act claim. Our office has had great success in resolving cases during mediations and we typically encourage our clients to participate in mediations of their claims prior to trial. The mediation process allows for both sides to evaluate your claim and make serious efforts to resolve the claim before going to court.

Frequently Asked Questions

 


Q: What Is A Mediation Of My Jones Act Injury Case?

A: In many Jones Act injury claims both sides will take part in what is called a mediation. Our clients often ask "what is a mediation of my Jones Act injury claim?" A mediation is simply a meeting between the injured seaman and the Jones Act company during which they voluntarily try to resolve the claim without the assistance of the court.

Mediations typically last a full day although some cases can be resolved during a half-day mediation. Both sides agree on the mediator who is typically a retired attorney or judge who is hired by both sides to remain neutral during the mediation. The mediator does not have any financial interest in the outcome of the case and he is paid whether your case settles or not.

Both parties will have their attorneys present during the mediation. Most often the attorneys do most of the talking during the mediation, and a short summary of the case is usually made by both attorneys at the start of the mediation.

All discussions and activities during the mediation are typically confidential and will not be discussed or revealed during any later court proceedings. The amount that you demand to settle your case during a mediation as well as the amount that your company may offer to pay you for your claim during the mediation are confidential amounts. If your case does not settle during the mediation, typically these amounts will never be discussed in front of the jury. However, usually your trial judge will be informed that the case was mediated and typically the judge is advised as to the outcome of the mediation.

There are many reasons to participate in a mediation of your Jones Act claim. Our office has had great success in resolving cases during mediations and we typically encourage our clients to participate in mediations of their claims prior to trial. The mediation process allows for both sides to evaluate your claim and make serious efforts to resolve the claim before going to court.



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