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If you file a long term disability lawsuit in federal court, a federal judge will order you to attend what is called a mediation.
A mediation is a crucial step in every long term disability claim because it is an opportunity for you and the long term disability insurance company to meet face to face to discuss your long term disability claim.
In mediation, a neutral third party, called a mediator, will be in charge of this discussion.
It is important that you remember that the mediator isn’t a judge and can’t make the parties do anything.
However, the mediator’s real job is to be a facilitator.
It is important that you understand what is said at the mediation is confidential under Florida law or what happens in mediation, stays in mediation.
The mediation will begin with what is called a joint session, where the mediator will explain the ground rules. Each side then gets to give an opening statement explaining their view of the case. Of course, there will be a disagreement about the strengths and merits about each side’s case or you wouldn’t be in litigation.
The mediator will then break up the parties into separate groups, placing each in a separate room.
The mediator’s job is to convey offers back and forth between parties. To test and probe the strengths of each parties position and move them until they compromise.
Remember, you cannot be forced to compromise. It’s a crucial long term disability issue that you understand exactly what’s at stake and that a win is really a win.
Many times long term disability carriers will deny a small period of benefits, say perhaps 6 to 8 months of benefits. They could, at mediation, agree to put you back on dowry and bring your cardinal lump sum with benefits. They certainly won’t pay attorney’s fees or interest, but, even worse, after they put you back on dowry, the whole disability claims process will start all over. And in fact, they may even secure an independent medical evaluation or a functional capacity evaluation with which to deny your claim once again. Therefore, even getting back on dowry may not be a win. More often than not long term disability cases resolve in a settlement where the parties agree on a resolution that they believe best meets their interests. Obviously, the strengths and weaknesses of each case will influence settlement as will the identity of a judge.
There are many factors that go into evaluating the strengths and weakness of a long term disability case, it’s value, and what is best for the long term disability policy holder.
If an agreement is reached, a long term disability policy holder will be asked to sign a general release and in exchange for that release will receive the agreed upon settlement monies.
If a settlement isn’t reached, the mediator will advise the court that an “impasse” is reached. That simply means that the parties were unable to reach an agreement and the case will continue in litigation.
You haven’t lost any rights to continue the litigation of your long term disability case by coming to mediation.
It’s important that every long term disability application understand the long term disability mediation claims process so they can more forward with their lives.
