As a mediator I have been able to see cases of accidents in which personal injuries occur, resulting in the payment of compensation by an insurance company. These types of cases may be particularly fitting for mediation due to the confluence of markedly human elements (emotional involvement, need to listen, understanding and repair) with the factors of a legal and economic nature.

A large part of my responsibility as mediator is the use of a simple and understandable language in communication so that parties not familiar with legal terms can feel comfortable and safe. Once they understand many of the concepts that lawyers take for granted, agreements may come quickly in many cases. Being sympathetic, empathetic and articulating a fluid communication based on the generation of trust, the injured person sees the exchanges that have taken place through the mediation process as a way towards a just resolution. Social scholars point to the fact that people who feel they are being treated unfairly tend not to feel that way when they understand all issues regarding particular situation. This is a very important premise that I keep in mind as mediator in mediations involving injuries or other damages caused to people.

Oftentimes the representative of the insurance company has had absolutely no contact or familiarity with the plaintiff. The human side of the case almost always goes unnoticed when a certain stage is reached. However, for the people directly involved, the personal affectation is one of the crucial points in most cases. My job as a mediator is to give importance to what is meaningful for people affected by a problem. Furthermore, find the appropriate means to transfer the relevant information to all the participants in the process in order to find alternative solutions that respond to those needs. The result may not be exclusively economic, but this aspect be a result due to the nature of agreement. Having more direct and impartial access to the real issues of the participants in the process, particularly by representatives of insurance companies, can open the way to a satisfactory solution and a greater sense of justice for all parties.


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