I've been working some as a mediator and I have some observations. Some lawyers are ready for mediation. Other lawyers look like they're going to mediation because they have no intention of ever filing suit or going to trial. If you don't think the insurance companies recognize this, think again.
If you go to a mediation without xrays showing the injury, a report from a doctor stating a prognosis and photos of the property damage, the insurance company will not take you seriously.
On the other hand, if you come in with nice artwork depicting the injuries, a letter from a doctor stating what the future holds for your client's medical condition arising out of the injuries sustained in the crash, and graphic photos demonstrating the property damage, you will come out ahead.
At Alvin Wolff Jr. and Associates, we treat a mediation like a trial. We go in with trial ready exhibits and show the insurance companies we mean business.
That's why, we get our cases resolved, most of the time for top dollar. If we have to go to trial we will. We are not afraid of the courtroom and our 35 year old track record shows that.
If your lawyer goes to mediation and it looks like he's not ready, ask him why. Push your lawyer. Insist for the best and it will happen.