Back in 2011, I was a Santa Claus under contract to work in a mall location.
The maintenance workers left out an extension cord , I fell face forward and damaged my right hand wrist.
I have had 3 surgeries ( the last one with a screw and 1/2 inch of bone cut out ) and maybe one more next year.?
My Attorney has agreed to Mediation but after talking to another person they said mediation is a waste of time and
I should be going through Arbitration or litigation ... What are your thoughts , Thanks ...
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2 Answers from Attorneys
Mediation/arbitration is a part of the litigation process. It is a good shot at trying to resolve the case before trial. Mediation and not arbitration is the standard method now in the Socal area. Go for it, and good luck.
I disagree wholeheartedly with whoever told you that mediation is a waste of time. Regardless of the validity of the claims you may have in your case, there is always a risk that you will lose, and mediation helps avoid those risks. Mediation is a non-binding effort by the parties, through the use of a neutral third-party (the mediator) to settle claims in your case and avoid any risks. The mediator has no authority to force you to take any amount of money as settlement. He/She can only try to get the parties to agree.
Of course, there are some mediations that are a waste of time, but the majority of them are not. Also, arbitration is much more like a trial and is generally binding on the parties. If the arbitrator rules against you, the case is over and you lose. I would personally rather have a jury decide my case than a single person.