The Importance of Mediation to DBA Claims

The Importance of Mediation to DBA Claims

Sep 7, 2019 | Defense Base Act

You’re a civilian that has been injured on an American military base. The Defense Base Act (DBA) protects your workers’ compensation. However, the insurance company is not treating you fairly.

If this sounds familiar, you need a good DBA attorney that can help you cut through the red tape of your DBA claims. One method that your DBA attorney may suggest is mediation. 

Not sure what mediation is and how it could benefit your case? Read on to learn why mediation is a great alternative to going to trial! 

What Is Mediation?

Mediation is one option to resolve a case. It’s a voluntary process that gives you an opportunity to work out a settlement without going to trial.

Both parties present their sides to a neutral mediator, usually another attorney that is not involved in the case. Then the mediator and both sides negotiate a settlement that works for all parties involved. 

Mediation can be a very useful tool. Here are 4 reasons why it’s a good alternative:

1. Mediation Is Confidential 

Things said during mediation are kept in strict confidence. This means that you can negotiate through a sticky deal without the ins and outs of the negotiation being made public. 

2. Mediation Is Less Expensive

It is cheaper to mediate than to take the insurance company or your employer to court. 

3. Mediation Can Save Relationships

Mediation can save the relationship you have with your employer. It’s easier to walk away with the working relationship still intact when both sides feel like they’ve reached a middle ground rather than when a judge decides a winner. 

4. Mediation Is an Agreed-Upon Deal

This means that if you don’t agree to the deal, you still have the option to go to trial. This is unlike going to trial where there is little recourse once a decision has been made. 

Discuss the option of mediation with your DBA lawyer to see if it’s the right choice for you. 

How to Prep for Mediation

Here are some things you’ll want to work on with your lawyer before you attend mediation:

Gather Your Evidence

Make sure your attorney has all of the relevant information in order to make your strongest claim. You should provide them with receipts, unpaid bills, requests for reimbursement, medical records, and all correspondence about the claim between you and your employer.

Be Honest and Maintain Composure

It can be hard to hear an opposing argument. However, you need to remain calm throughout the mediation. You’ll be given the opportunity to present your side. You’ll even be asked a couple of questions. 

Make sure you take the time to collect your thoughts, remain honest, and deliver your side’s story with composure.

Stick to the Game Plan

Talk to your attorney ahead of time about the game plan for mediation. If your injuries are severe enough, you may not be able to attend mediation, so you both need a solid understanding of what is an acceptable number before you go into mediation.

The mediator will, at one point, send both parties to separate rooms and then work with each room to negotiate a middle ground that would be acceptable to both parties. If the number offered is reasonable, you can accept. If the number is not, the case can still proceed to trial. 

Working with your attorney ahead of time will give you a good understanding of what’s acceptable and what isn’t. 

Mediate Your DBA Claims

Mediation can be a very powerful tool to settle DBA claims, but you’ll need an attorney with a strong background in DBA claims to help you navigate the nuances of your case. 

Looking for legal advice? Contact us today for a free consultation!