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Tips for preparing for mediation in your malpractice case

On Behalf of Clapp, Peterson, Tiemessen, Thorsness LLC | Oct 21, 2022 | Professional Malpractice |

If you’ve been accused of professional malpractice, you’re probably worried about what the allegations mean for your future and your career. The outcome of your case can also have a tremendous impact on your and your business’s financial stability. With all of that in mind, you need to find a way to favorably resolve your case. One way to do so is to try to engage in favorable mediation to settle the matter before heading to trial.

Tips for preparing for mediation

Before you head into mediation, you need to be adequately prepared. What does that entail? Here are some tips that you may find helpful:

  • Be prepared for the other side to be aggressive in its negotiation tactics.
  • Avoid giving out any financial figures, regardless of the context, until you’re ready to make a formal offer, as doing so may cause the other side to latch onto it as an actual offer.
  • Don’t be overconfident, as that may cause the mediation to prematurely fail, forcing you into litigation that you might otherwise want to avoid.
  • Have a true understanding of the potential value of the plaintiff’s claim.
  • Make sure you have a list of things that you must have coming out of mediation.

Of course, you’ll need to make sure that you have an understanding of the evidence before you head into settlement so that you know how to argue your case to the mediator and the other side. There may be other things that you’ll want to do before you head into mediation, too, which you can discuss with your attorney.

Crafting the legal strategy that’s right for you

There’s no one-size-fits-all approach to a malpractice claim. Your specific approach is going to depend in large part on the specific facts of your case. So, if you want to ensure that you’re developing the strongest legal strategy possible under your circumstances, you may want to reach out to an attorney who is well versed in defending these types of claims.

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