Mediation as an Option
What are the real benefits of choosing to try a mediation hearing in your Defense Base Act (DBA) case? While it’s not the right direction to take in every injured civilian contractor’s case, mediation is often useful because:
It’s another chance to settle the matter.
If you’ve been unable to get the benefits you deserve under the Defense Base Act, then mediation is another option for settling your case before you need to move on to trial. This can be a good option in a lot of cases, but it may not work for everyone.
It can help you prepare for the trial or informal conference.
Even if you don’t reach an agreement at mediation, the process will often give you a better idea of what you might be facing at trial—which will mean that you and your attorney could gain a little more information that will help to prepare your case. What usually happens is the DBA insurance company lawyer or adjuster will "open their brief case" as to what they think the weaknesses of your case is. Oftentimes, this will give us the opportunity to "fix" the problem or address the problem before trial.
If you have any question at all about DBA mediation, don’t be afraid to talk it over with the best attorney you can find. These kinds of cases are often very difficult to settle on your own, and it’s way too easy to make the kind of mistakes that can cost you your case.
The reality of the situation is that you have to be prepared to walk away from the mediation if the DBA insurance company is not offering enough money. On the flip side, you need to be in the position to evaluate the case presented by the DBA insurance company.
Disclaimer: Please understand these discussions and/or examples are not legal advice. All legal situations are different. This testimonial, endorsement and/or discussion does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter, your particular case/ situation and/or this particular case/ situation.