Is Mediation Possible After Experiencing A Personal Injury
Personal injury mediation is a great way to resolve the issues surrounding your case and end it as quickly as possible. It’s a no-cost, no-risk way of resolving disputes without having to go to court. Because well over 90% of personal injury cases never make it past pre-trial procedures and go directly to trial, mediation is an excellent opportunity for both sides to avoid expensive legal costs and get on with their lives sooner.
In this article, you will learn everything you need to know about personal injury mediation. You will also find some useful tips on how to mediate after a personal injury in the best possible circumstances. So keep reading!
What is Mediation?
Mediation is a form of alternative dispute resolution (ADR) that is used to help people resolve disagreements and find solutions to their legal problems outside of court. Parties to a dispute choose their own mediator and can select mediation as early as the complaint stage in litigation or as late as right before trial. There are many reasons someone might choose mediation over litigation.
Some of these include:
- Mediation is private and confidential: Court proceedings are public, and discovery may be filed in court and become part of the public record.
- Mediation is voluntary: People have no say in court proceedings, which are generally mandatory. A mediator has no power to enforce a solution: A judge can order a solution if the process does not result in an agreement. In mediation you and your opponent control the outcome.
Why Is Mediation an Option in Personal Injury Cases?
Personal injury claims are the perfect candidates for mediation. Unlike other types of cases, personal injury cases are normally resolved quickly. They are also less likely to result in a trial (usually just 10-25% make it that far).
Mediation is appropriate for many types of personal injury claims, including car accidents, slip and falls, medical malpractice, product liability, and many others. These cases are quicker to resolve, especially when you involve lawyers like Delfino Green & Green, than most other types of cases because they are generally less complicated. People involved in a car accident, for example, may have a claim against the other driver’s insurance company. But they have no claim against the company that made their car.
As a result, the other driver’s insurance company may be willing to settle the claim right away, whereas the car manufacturer may take months or years to reach a decision.
How Does Mediation Work?
The first step in any mediation is to find a mediator. Most jurisdictions allow parties to choose their own mediator if no one else is available. If you want to find a mediator in your area, there are several websites that can help. This is a good opportunity to find a mediator who specializes in your type of case.
If you are dealing with an insurance company, a mediator may be assigned to you by the State Department of Insurance (or similar organization in your area). These mediators are generally trained to work with insurance companies. This may help you reach a quicker and more favorable settlement.
Mediators are generally paid by the hour. This can be a significant expense if they have to invest a lot of time in the mediation. It is important to keep the mediation as focused and efficient as possible.
Choosing a Mediator
If you are mediating a case, you may be required to take part in a pre-mediation interview with the opposing party. This can be a great opportunity to start the mediation process. During the interview, you can ask your opponent to suggest a mediator. You can also do some research and find mediators yourself. You may want to look for mediators who have experience handling your type of case or who specialize in a particular field.
For example, someone who specializes in negotiating medical malpractice settlements may be able to give you a better idea of how your particular case will turn out. Mediators are generally paid a set amount for conducting the mediation. Some mediators prefer to be paid a flat fee up front. Others prefer to be paid an hourly rate.
When Should You Consider Mediation?
When both sides are willing: Mediation is an excellent way to resolve your case if both sides are willing to participate. If you have a good relationship with the other party, it may be helpful to ask them to agree to mediation.
If you have already filed a lawsuit, you can still try to reach a mediation agreement. Your opponent may be more willing to consider mediation if you agree to drop the case. If you are dealing with an insurance company, you may be able to reach an out-of-court settlement by agreeing to mediation.
When both sides are motivated, mediation is most effective in cases where both sides are motivated to reach an agreement. If one side is not interested in reaching an agreement, a mediator cannot force them to negotiate. You also need to be able to offer a settlement that is fair to you. If your accident caused $100,000 of damage and you have a limited amount of money to offer, you need to be able to make a fair offer.
When Should You Not Consider Mediation?
When you are confident you will win the case. Some people choose mediation because they are not confident they can win the case. They may feel they have a case worth $100,000 but realize they cannot collect that much if they win in court. They may be willing to go to mediation and accept $10,000.
However, if you are confident that you have a strong case and can win the amount you deserve in court, you should not settle for a smaller amount just because you feel the mediation process will be easier. When the other side is not interested in settling: Mediation is an excellent way to settle personal injury cases. Unfortunately, not everyone is willing to settle.
The Bottom Line
Personal injury cases are the perfect candidates for mediation. They are generally quick to resolve and rarely go to trial. Mediation is an excellent way to settle these cases and avoid the costs and risks associated with going to trial.
If you are dealing with an insurance company, you can try to reach an out-of-court settlement by agreeing to mediation. You should go to mediation when both sides are willing to settle the case, both sides are motivated to reach an agreement, and you are confident that you have a strong case.