What is a Mediation of My Jones Act Maritime Injury Claim Like?

One very important step in a Jones Act Maritime injury claim is often participating in a mediation of the claim. A mediation can be a valuable process and often it results in a favorable settlement of the case.

A mediation is a voluntary process through which both parties agree to meet typically for a full day to discuss the possible settlement of the claim or case. By definition a mediation is non-binding on both parties participating unless a settlement agreement is reached during the mediation. This is different than an “arbitration” proceeding which ultimately results in a ruling from the arbitrator which is actually binding and enforceable against both parties.

During a mediation a mediator is hired by both parties to “mediate” the proceeding for the day. The mediator is neutral and does not side with one party or the other. His job is to just listen to the facts and try to have the parties reach a settlement. Typically a brief initial meeting will take place between both parties and the mediator at which time both parties provide their side of the case. These initial meetings usually last less than an hour at the beginning of the mediation. Then, both parties will separate and typically spend the rest of the day separated from each other.

One valuable process during the mediation of a Jones Act Maritime injury claim occurs when each side argues their strong points throughout the mediation. Very often this can inform each side of the possible weaknesses of their claims. Actual settlement figures will be discussed throughout the mediation and typically both parties will go back and forth with settlement demands and settlement offers.

A mediation is usually concluded when either a settlement is reached by both parties or the parties agree that the mediation will not be effective in reaching a settlement. However, simply because a settlement was not reached typically does not mean that the mediation process was not worthwhile. After mediations occur very often both parties will further investigate the claim based upon representations made during the mediation and evidence which may have been presented during the mediation. Often a mediation is the first step in ultimately reaching a fair settlement of your Jones Act claim.

If a settlement can be reached during a mediation, typically the company will pay the settlement funds within 30 days of the agreement. However, this may vary depending upon the amount of the settlement and whether the funds are being paid by a domestic insurance company from the United States or a London insurance company from overseas.