How Personal Injury Mediation Works
Mediation is a type of alternative dispute resolution that helps parties resolve a legal dispute without going to court. Over the years, mediation has been a go-to method of handling personal injury claims because it is generally more efficient, inexpensive, and manageable. Mediation is often mandatory before a case is allowed to go to trial. In a time where in-court-litigation is limited due to COVID-19, mediation is especially desirable.
So, how does mediation work?
Both parties must agree on a time, place, and mediator. A mediator will facilitate a discussion between two or more disputing parties to help them formulate an agreement. In personal injury cases, you are the plaintiff, and the accused person or entity is the defendant. As such, personal injury mediation sessions consist of you and your lawyer and the defense attorney and insurance adjuster.
Unlike litigation where a judge decides the outcome, a mediator doesn’t make a single decision in your case. This is because a mediator is a neutral, unbiased, third-party professional who guides disputing parties towards reaching an agreement.
Although it would be nice, mediators don’t ensure agreements are fair or effective, as the purpose of mediation is to help disputing parties decide their own outcomes on their own terms. The negotiations and conversations are confidential, meaning parties can say what they want without fearing backlash down the road.
In mediation, you get to speak privately with the mediator, speak with the mediator in front of the opposing party, and you may even speak face-to-face directly with the other party. These interactions will better allow you to reach an agreement that satisfies your goal of receiving maximum compensation for your damages.
However, mediation does not guarantee a favorable outcome. As you may already know, insurance companies will do everything in their power to secure low payouts and cheat you out of the settlement you deserve, meaning mediation may not be effective for your particular case. Ultimately, though, you never know unless you try. Mediation is a great tool for resolving legal disputes without going to court and we hope you experience its benefits in your own personal injury case.
At Zendeh Del Law Firm, PLLC, our lawyers represent clients who suffered an injury through no fault of their own. If you got injured, you may have a claim and if so, we can explore mediation as a possible path to resolution. Call 888-4-ZEN-LAW to learn more!