Mediation is actually a non-adversarial procedure which can help resolve disputes or differences. A mediator conducts it in order to bring an equally acceptable settlement.
Mediation process ensures that the concerned parties can communicate with each other, understand one another, and arrive at an agreement which satisfies everyone’s requirements. Statistics reveal that a good percentage of mediated cases reach an agreement after a short period of time.
Is mediation mandatory in a personal injury case?
At times, the court can order mediation. The parties in disagreement can also decide to solve the matter at hand through the mediation process. If done well, mediation can be the right way to solve a claim without the expense, risk, and = energy needed to defend and prosecute a lawsuit in a trial.
Some insurance companies use this procedure as a method of discouraging injured individuals from demanding full justice for their losses. You should always know what your actual rights are before you can go through mediation. Seeking assistance from professionals such as Hammett, Bellin & Oswald, LLC can help you come at the most beneficial settlement.
When to use mediation in a personal injury case?
When negotiations between the insurance company and accident victim’s personal injury lawyer do not end with an agreeable settlement, a lawsuit can be filed. In other words, a case can be filed if the victim of the accident does not accept the offer provided by the insurance company.
It is important to know that the mediation process can either start before or after the lawsuit. Judges will always advise the parties in disagreement to try the mediation process before the commencement of the trial.
How the mediation process works?
The mediation process normally happens in the office of the mediator. Here, both sides have an opportunity to present their cases in a confidential, safe, and controlled setting. During the process, the plaintiff, defendant, and the insurance company’s adjuster must be present.
The first stage of the mediation process is the orientation session. During this stage, the rules and regulations of the process are explained clearly. In the next stage, both sides have an opportunity to present their cases. After this stage, the mediator commences discussing with each of the parties in private.
The mediator has the responsibility of coming up with a technique that will ensure both parties are satisfied. If the concerned parties reach an amicable settlement, they should confirm it by signing a written document that is actually a legal contract.
What if the case fails to settle?
You must always consider the mediation process as an important opportunity. If you have gone through the process and the case has not been settled, you should not worry. You have not wasted time. As a plaintiff, the process will help you know what the requirements of the insurance company are. Thus, you’ll be able to come up with a better way to defend yourself in the court of law.
The plaintiff and the insurance company can solve the issues at hand without spending a lot of money. Through the mediation process, both parties can solve the issues privately and without involving the public. However, if both of you fail to reach an agreeable agreement, filing the case in the court of law is the only option.