Personal Injury and Tort

Mediation of Personal Injury and Tort Disputes

For injured parties and insurance companies, Birmingham mediator Allen Schreiber offers matter-specific experience and a strong background in settling tort disputes and avoiding costly litigation.

Handshake settlement of a mediated employment dispute

"Allen knows how to work with both sides. He's well respected by attorneys and clients. Nobody works harder or cares more."

- Dylan Marsh, Civil Litigation Attorney

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Allen Schreiber understands personal injury disputes and is experienced in resolving them.

Allen Schreiber’s value and credibility as a neutral are rooted in his balanced trial experience in which he represented  both plaintiffs and defendants.  As a litigator, Allen represented clients in numerous federal, state and appellate courts.

Representation of Defense. Allen has successfully defended a wide variety of high-profile litigation matters, including wrongful death and personal injury and many types of professional liability, including health care and nursing home/elder abuse cases.

Allen is a former member of the International Association of Defense Counsel (IADC) and represented AIG and many other national insurers for over 18 years. In 1988, he was co-founder of a litigation defense firm that continues as one of the state’s premier firms.

Representation of Plaintiffs. Founding his own plaintiffs’ practice, he handled hundreds of personal injury cases, representing parties who had been injured in a variety of claims.

Distinguishing Qualities. For over 15 years, Allen has been included on the American Arbitration Association’s panel for consumer, employment and commercial arbitrations.

He is a Best Lawyers® and Super Lawyers honoree for alternative dispute resolution, and he holds the Martindale-Hubbell AV Preeminent Rating. Best Lawyers recognized Allen as Birmingham “Lawyer of the Year” in Arbitration (2019) and Mediation (2017).

You can also count on Allen’s proven traits that, in sometimes stressful and emotional situations, bring value to his role as a mediator, including empathy, excellent communication and listening skills, and the ability to:

  • identify the parties’ objectives,
  • recognize the strengths and weaknesses in each side’s case,
  • interact effectively with the parties and their attorneys,
  • facilitate negotiation, and
  • keep the parties engaged until a settlement can be achieved.

Allen Schreiber can help you control your dispute resolution costs.

Allen’s mediation fee schedule is clearly described on his interactive calendar page, where you can check his availability and request a date for your mediation.

Some Basics

How mediation works. Mediation is a structured process, with scheduled meetings and established roles for all participants.

The process begins with pre-mediation meetings/calls of the mediator and the representative counsel.

Next, the mediation conference is attended by the mediator, the parties and their attorneys, and perhaps other persons who are associated with one of the parties and have helpful knowledge of the issues.

Each side conducts private discussions among themselves and with the mediator, who will discuss their position and the strengths and weaknesses of their case. By working with the parties separately and together, the mediator will attempt to lead the parties toward a mutually acceptable compromise.

When a settlement is achieved, the terms are set forth in a settlement agreement. Typically, this agreement merely outlines the material terms but leaves the details to a more formal, final agreement.

If the parties are unable to settle at the scheduled mediation conference, they may schedule additional conferences or end the mediation process and proceed to trial or administrative hearing. In many cases, settlements still occur some days or weeks later, as the mediator will continue to engage in discussions either by direct negotiation or by physically returning to the mediation process.

Mediation can be used for any tort-related claim. Mediation is a nonbinding, negotiated process through which an experienced neutral mediator seeks to help the parties find common ground through a mutual compromise and reach a settlement. The mediator does not make decisions or force a settlement. Mediation can be conducted in person, with the parties and their attorneys present, or in a Zoom or other virtual setting.

In most cases, mediation is a voluntary process. However, for some types of disputes, the parties may be required to at least attempt to reach a mediated settlement before the matter goes to court or an administrative hearing. Also, the plaintiff’s insurance policy may call for mediation.

Your choice of mediators might be limited by the court or administrative agency or by an existing agreement. If that is not the case, the sides can agree to use the mediator of their mutual choosing.

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