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What Happens After Mediation?

Seth Harris

Last modified on July 31, 2023

If you have a lawsuit or dispute headed to mediation and are curious about what comes next, Harris Keenan & Goldfarb’s seasoned New York injury attorneys want to help you. Below, we discuss what happens after mediation and how the process moves forward, whether the case settles or not.

Our experienced attorneys are here to provide valuable insights and guidance to help with your mediation and provide a smooth transition through any post-mediation phase.

What is Mediation?

>Mediation is a voluntary and confidential dispute-resolution process in which a neutral third party helps those involved reach a mutually acceptable settlement. Unlike a trial, mediation does not involve a judge or jury rendering a decision. Instead, the mediator facilitates communication and negotiation between the opposing parties to explore potential solutions and common ground.

During mediation, each party presents their perspectives and interests, and the mediator helps them understand one another’s viewpoints and identify possible areas of agreement. The mediator does not impose a decision on the parties but encourages open dialogue and creativity in finding resolutions.

>Mediation can be a cost-effective and time-saving alternative to a trial, allowing the involved parties to maintain control over the outcome of their dispute and reach a negotiated and known resolution. If the parties settle at mediation, they can avoid the uncertainty and expenses associated with protracted litigation.

What Happens Next If Your Case Resolved At Mediation?

Before a lawsuit settles at mediation, there are several steps that must be completed to finalize the resolution and bring closure to the legal dispute. Here’s what happens after mediation settlement.

Settlement Agreement Drafting

The first step is to draft a formal settlement agreement outlining the settlement terms and conditions. This agreement is a legally binding document that serves as the foundation for enforcing the settlement terms. Often when a mediation concludes successfully, the mediator has the parties sign a rough draft of basic terms.

Review and Approval

The parties and their attorneys carefully review the settlement agreement to ensure that it accurately reflects the agreed-upon terms during the mediation. They make any necessary revisions or clarifications at this stage.

Signatures and Execution

Once the settlement agreement is deemed satisfactory by all parties, they sign it, signifying their commitment to abide by its terms.

Dismissing the Lawsuit

The parties typically file a joint motion to dismiss the lawsuit with the court after they sign the settlement agreement. This motion informs the court that the case has been settled and should be formally closed.

Enforcement of Settlement

The settlement agreement includes provisions for enforcing its terms, meaning that any party who fails to adhere to the agreed-upon terms may face legal consequences.

Distribution of Money And Executing Other Actions

The parties comply with any specific actions or transfer of property stipulated by the terms of the settlement. If you’re wondering, “how long after mediation will I get my money,” the answer is at this stage. An attorney can give you a more specific answer to your case.

Finalizing the Case

Once the parties complete all post-settlement processes, they have officially resolved the case and can move forward with their lives.

What Happens If Mediation Does Not Resolve Your Case?

What happens if mediation fails? If the two parties cannot agree to a mutually acceptable settlement in mediation, the lawsuit resumes its progress through the court system. There is no particular timeframe concerning how long after mediation can you go to court. The parties continue with pre-trial preparations, such as discovery, where they gather evidence, take depositions, and exchange documents. Both sides may file pre-trial motions to address specific legal issues or attempt to have certain claims dismissed. The case proceeds to trial if the parties cannot otherwise resolve the case.

Both parties present their evidence during the trial, call witnesses, and present their case to a judge or jury. After hearing all the evidence, the judge or jury (depending on the circumstances) rules in favor of one party over the other. If dissatisfied with the outcome, the losing party can typically appeal the decision to a higher court, though they must have particular grounds to do so. The litigation process continues until a final resolution is reached, whether through trial or appeal.

Get In Touch With an Experienced New York Personal Injury Attorney

If you’ve been injured in a New York accident, Harris Keenan & Goldfarb can help you explore all your options for pursuing compensation. It is not too late to retain trusted and valuable legal counsel, even at this stage of your case. We are proud of our hard-won reputation in New York City for ethics, excellence, and compassion – not to mention the $500 million in verdicts and settlements we’ve won for our clients.

Let us put these qualities to work for you. Contact us at 1-800-PAIN-LAW or online for a free case evaluation.

Over $500 Million in Verdicts and Settlements

Our track record showcases over $500 million won for our clients. Each victory underlines our commitment to justice and client care. Explore our impact, case by case.

VERDICT

$17,500,000

A Brooklyn jury awarded Mr. Vargas $17.5 million for the City of New York’s violation of his civil rights for failing to provide him medical care while in custody. The jury found that the police officers involved failed to provide the necessary medical treatment and awarded $17.5 million to Mr. Vargas.

VERDICT

$4,730,398

Harris Keenan & Goldfarb partners Seth Harris and Sheri Holland obtained a $4,730,398.00 jury verdict on behalf of our client who tripped and fell at a private apartment building in the Bronx, suffering a broken foot that developed a very painful, permanent neurological condition called Reflex Sympathetic Dystrophy (“RSD”).

VERDICT

$12,561,772

A Bronx jury awarded John Doe over $12 million for an accident on a construction site. John Doe was working when a piece of scaffold weighing 35 pounds fell, striking John Doe in the lower back. John Doe suffered a herniated disc requiring surgical removal of a portion of the disc and permanent nerve damage.

VERDICT

$10,500,000

A Bronx jury awarded $10.5 million to the mother of Malcolm Ferguson, who was wrongfully shot and killed by the New York City Police Department. The police officer, Louis Rivera, also a defendant in the case, was found to have used excessive force in violation of Malcolm Ferguson’s civil rights as protected under the United States Constitution.

VERDICT

$4,000,000

A Bronx jury awarded plaintiff William Cardoza $4 million for injuries caused by the use of excessive force during an arrest. During the arrest, Mr. Cardoza was pepper-sprayed and repeatedly hit with a police nightstick. As a result, Mr. Cardoza sustained injuries to his hand and finger.

VERDICT

$3,470,670

The firm’s client, a 33-year-old teacher’s assistant, was scalded by an espresso machine that exploded while the defendant’s employee was demonstrating how the machine worked. The client was a customer at the defendant’s coffee shop on the date of the accident and suffered first-degree burns to her right (dominant) hand.

VERDICT

$4,000,000

The firm represented the mother- decedent and her infant son. During the decedent’s admission to the defendant hospital, the defendant dispensed anesthesia during an epidural to the decedent in an inadequate manner. The mother-decedent suffered personal injuries and wrongful death due to the defendant’s failure to properly administer epidural anesthesia.

VERDICT

$3,823,000

Mr.Brennan fell from approximately 25 feet while working on a construction project. He suffered a shattered bone in his right leg requiring surgery and hardware placement. Mr. Brennan also suffered two fractures in his facial bones, and a dislocated finger requiring surgical repair.

VERDICT

$2,750,000

The firm’s client was a child with cerebral palsy who was injured as a result of medical malpractice. The firm’s clients claimed improper management of pregnancy, labor, and delivery resulting in brain damage, and received a Brooklyn personal injury settlement.

VERDICT

$1,677,835

The firm’s client, a 63-year-old mentally incompetent man, slipped and fell in his own urine while attempting to walk to the bathroom at the defendant’s senior citizen home. The client fractured his hip and as a result is confined to a wheelchair for the rest of his life. The client claimed that the staff of the home failed to properly care for him, and the jury awarded $1,677,835.

VERDICT

$2,995,000

The firm’s client, a 47-year-old male, slipped and fell on a public sidewalk in the Bronx. It had snowed four to five days prior to the date of the accident, and the sidewalk was covered with ice. The client suffered a lumbar fracture and a herniated disc. The jury found the city liable and awarded the client a $2,995,000 personal injury settlement in the Bronx.

VERDICT

$2,610,000

A Bronx jury awarded plaintiff Luis Molina $2.61 million for injuries sustained when he fell down a subway station stairway. Mr. Molina was caused to slip and fall as a result of a plastic bag that had blown onto the steps from a street opening. As a result of the fall, Mr. Molina suffered a herniated disc and a tear of his right shoulder’s rotator cuff. The jury found that the NYC Transit Authority was liable for the accident.

VERDICT

$2,253,714

A Bronx jury awarded Ms. Colon $2.25 million for a trip and fall accident. Ms. Colon was caused to fall when she moved to the right to allow another pedestrian to pass, and her foot rolled to the outside due to the sidewalk being unlevel with the adjoining grass. The jury found the defendant liable and awarded Ms. Colon $2,253,714.00 for her pain and suffering.

VERDICT

$1,900,000

A Brooklyn jury awarded Arvella Floyd $1.9 million for a fractured wrist which required multiple surgeries, including an open-reduction internal fixation and a carpal tunnel release. Ms. Floyd was injured when the hot water knob of the shower fell off after numerous complaints to the superintendent, and scalding water spewed toward her, causing her to
fall and break her wrist.

VERDICT

$1,350,000

A Bronx jury awarded plaintiff Juanita Young $1,350,000 for injuries caused by the use of excessive force during an arrest. During the arrest, Ms. Young, who is legally blind, was handcuffed from behind, with her children watching, and taken to the top of the stairs to exit the building. The officer proceeded to push her down the stairs multiple times.

What Our Clients Say About Us

LV LVLV LV
00:47 22 Jun 24
I contacted Burns and Harris, this company which is renamed now, about two years ago about my injury. I even had an in person meeting with Stephen LaRocca.I had to chase him for a year just to sign something, in the end I just gave up. Pretty appalling company and even worse than people have written. I can only imagine the people who haven’t taken the time to write your review. Don’t bother with them.
Cole ColdwaterCole Coldwater
19:36 20 Jun 24
My experience with Harris Keenan and Goldfarb was wonderful. My legal representative, Steven LaRocca with Samantha Walton always made me feel well defended and cared for, in a way that went beyond professional representation and into the realm of caring about me on a personal level. Steven, Samantha and Seth Harris got me a great outcome and I can’t thank them enough!
Elizabeth SantosElizabeth Santos
00:32 20 Jun 24
If I could give them a zero Star I would 0
Jennifer RosarioJennifer Rosario
14:16 05 Jun 24
The best law firm I have ever went with thank you so much
Angelo Del GuercioAngelo Del Guercio
20:03 11 May 24
Horrible people. I lost complete confidence in this firm. Attorneys dragged their feet for 4 years and my mom died before a settlement could be reached. I advised them several times that my mom was sick to put fire under their feet but the effort was to no avail.
david Santiagodavid Santiago
18:05 21 Mar 24
Maria RoqueMaria Roque
20:49 15 Mar 24
Excellent person, very Professional, they assist you in any language, your call is always answered. I recommend you for any case of support you have, your refund is satisfactory. and fast
S SS S
14:09 02 Mar 24
I am completely satisfied, and recommend Harris Keenan & Goldfarb as Attorneys to represent anyone. Their care for me physically, and overall helped me stay strong in spite of my injuries. Always available to answer questions, and inform.They got me Justice, and achieved a substantial outcome for my case.I am very impressed, and thankful for their outstanding performance on my behalf.I am very pleased, and significantly satisfied with their representation.‐-Sherylon Wilkins
Robert LennonRobert Lennon
15:26 21 Feb 24
Patient and diligence is how I describe the effort of HKG the work was thorough, honest and fair, I have no complaints. Special thanks to attorney Blake and his paralegal Thierry.
Gene Matos (fanboye)Gene Matos (fanboye)
18:48 15 Jan 24
I first crossed paths with Seth Harris when serving jury duty many years ago. He was so professional and personable, that when my mom was seeking legal counsel for medical malpractice, I told her she had to reach out to his firm. We had meetings with a few different firms, but Harris Keenan & Goldfarb was the only firm that did not try to get us to sign paperwork before even meeting. They took the time to listen and understand our situation before we signed anything, and they were transparent and responsive the whole time. I would like to give special thanks to Samantha Walton, Marla Stein, Val Wallace and Seth Harris for helping my mom through this tough time. They were honest and upfront, and even though Seth Harris wasn't personally on the case, he took the time to meet with us and give us his thoughts on it.
Solange IsaacSolange Isaac
17:52 08 Jan 24
I am pleased with the services provided by Ms Sheri on my case. The team at Harris, Keenan, & Goldfarb were very nice and explained everything to me. Everything that I had questions on they answered without frustration and were prompt and knowledgeable.6 years ago I had a slip and fall accident at my employers place of business. I reached out to them because I knew that I was being wrongfully treated. They took care of the case, restored my self confidence, and brought so much peace to my problem riddled life.I can recommend without a shadow of a doubt the services of Harris, Keenan & Goldfarb to anyone who is in need of someone who will have your back!
Brittany DempseyBrittany Dempsey
16:02 08 Jan 24
My mother had an accident with her ankle back in 2019. I immediately contacted Harris, Keenan & Goldfarb on the day of the accident. They were extremely prompt and helpful. They attended to my mother's case beautifully and she's been recovering well. I'd like to thank you for being so diligent, kind and above all professional. I'd recommend this law firm to anyone who are injured and in need of legal assistance. My mother, Andrea, and I thank you for everything.
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