FELA mediation is defined as a structured negotiation in which a neutral third-party mediator facilitates discussions between railroad workers, personal representatives, railroad carriers, and their respective attorneys to reach a mutually agreeable resolution, which is called a settlement agreement. Unlike litigation, mediation fosters open communication and collaboration, helping parties find solutions that address legal, financial and emotional concerns. Parties control the outcome of the process, and their settlement agreement is enforceable in court, acting as a contract.

Our panel of retired judges and seasoned attorneys have settled and presided over numerous FELA disputes throughout their multiple decades as legal professionals. These have included:

• A matter involving a railroad conductor who experienced meniscus tears and possible ACL graft impingement due to an allegedly unsafe working environment

• A matter involving claims of negligence in workplace rules and procedures at a railroad company

• A matter presided over at bench trial involved a claim rejecting the plaintiff’s argument of “borrowed” or “dual” servant

 

Parties to a FELA dispute enjoy various advantages when they mediate their dispute at ADR Systems.

Faster Resolutions: Mediation can resolve disputes in weeks or months rather than years, reducing the time burden on plaintiffs and defendants

Cost Savings: Avoiding lengthy court battles saves money otherwise spent on legal fees, expert witness costs and administrative expenses.

Confidentiality: Unlike public court proceedings, mediation is confidential, protecting reputations and sensitive information.

Reduced Stress: Mediation fosters a collaborative rather than adversarial atmosphere, reducing emotional strain for all involved.

Greater Control: Mediation removes the uncertainty and risk associated with litigation, where outcomes can be all-or-nothing; both parties have a say in the outcome of the case rather than leaving the decision in the hands of a judge or jury.

Preserved Relationships: Open dialogue allows injured railroad employees and employers to maintain professional, productive relationships when possible.

Experienced Neutrals: ADR Systems’ panel of mediators consists of retired judges and seasoned attorneys with decades of hands-on knowledge of the disputes before them and an ardent passion for resolving them.

Mediation is a practical solution for many FELA disputes. It is particularly beneficial when parties seek a resolution that prioritizes confidentiality, expediency and cost-effectiveness.

If you are representing clients involved in a FELA dispute and want to pursue mediation as an alternative to litigation, explore our Find A Neutral page to review the bios of mediators with experience settling FELA disputes.

Submit your FELA case through our Neutral Availability Form or Contact Form.