Mediation is a fabulous tool that works most of the time, but it is always smart to be prepared to walk. If the other side can sense fear and desperation, then a lousy settlement will be offered.

That's in the States. In Argentina this can take up to ten years and in our economy that means you're not going to recieve almost nothing for waiting.

The answer is no; the client should never speak directly to the other side.

I was once involved in a car accident, I remember the mediation and the guy who pass me over with his car repeating that was my fault, I started shouting at him, my lawyer was looking at me with that face.

the insurance carrier informed us that the case had already been settled for $20,000, and that the client had signed a release.

In my country, Argentina, nobody do this. That might be pretty common in the States too.

Interesting article, my country has a code that is based on the US way of dealing with justice.