The mediation process is confidential, and a mediator can only report to the court whether the parties settle, providing the agreement or did not settle. The parties and litigants also cannot relay anything they learn in mediation during the litigation process.
However, even with these limitations, a failed mediation is usually very helpful to the parties in moving forward in four ways. First, a party learns about the case and how it is viewed by the other side in weaknesses (and inferentially in strengths) through the process. This may provide insights to later settle or resolve some issues before court.
Second, where only a minor or non-legal issue is stalling the litigation and leading to trial, such as the plaintiff does not appear credible to the insurance carrier, it may be this issue can be minimized or addressed at the trial for a more orderly presentation of the evidence and efficient process. This too can lead to settlement.
Third, mediation, despite the best discovery and preparation by a party, often leads to discovery of unidentified issues that would have been missed at trial. Complex, legal matters that took years to come to issue make this an inherent risk. This may change the entire focus of the case and lead to a more comprehensive and well tired case. This is what every judges seeks in his or her courtroom.
This blog was written by attorneys at Dixon & Moseley, P.C. who practice civil and criminal matters throughout the State of Indiana. This is for general educational purposes only and is not intended as specific legal advice, not a solicitation for representation. It is an advertisement. We hope you find this helpful to understanding Indiana’s legal system.
