In Texas today, there has been lots of tort reform. I would say 98% of cases are referred by judges to mediation. That means they will not even allow you to go to trial without a mediation. What is a mediation? A mediation is a small trial with one key difference – there is no jury. There is not 12 people that you don’t know that are going to make a decision and judge you. It’s a mediator who does not take sides and who listens to your case. That is another key issue why we are so dramatically different. When we walk into a mediation, you would think we were going to trial. I have actually had defense attorneys say “Ms. Wyatt I don’t need to hear a closing argument,” and I say, “Well I’m sorry, but I think you do.” We also always do a mediation brochure – a video, which also tells a story. This would be just like we would tell the story once we got to trial. We do blow-ups of the scene, we do blow-ups of our expert reports, and we have everything prepared.
Let’s be honest, it’s not just the defense attorney that’s there to listen. It’s the insurance company, because who is really going to pay? Does a corporation ever really pay? The answer is no. It’s an insurance company. Insurance company personnel are not lawyers. They are people like you and me, who are sitting in a room saying, “Why do these people want so much money? Why is this claim so important?” Oftentimes, we have to tell them. What is it worth to never again be able to go to work? What is that worth? What is it worth to not be able to get up and walk? Or hold your children? If you don’t communicate that in the mediation format, then you are not going to have a successful case when you get to trial, because mediation is the beginning of your trial. It is the beginning of your story, and it has to be told.
Learn more about the firm at http://www.wyattlawfirm.com/. Wyatt Law Firm, Ltd. is located at 70 NE Interstate 410 Loop, Suite 725, San Antonio, TX 78216. They can be reached at (210) 702-2162.
