Mediation is an alternative dispute resolution (ADR) that is used in a personal injury case to settle a range of disagreements including accident disputes. Personal injury lawsuits can be quite complex and take months or even years to settle. Furthermore, there is no guarantee that the injury victim (plaintiff) will be successful. In these types of cases, personal injury mediation can be a more cost-effective and efficient strategy for resolving any disagreements and reaching a settlement.
In some cities, mediation is required prior to any litigation in the courtroom. Despite the efforts of all parties involved, a mutual agreement cannot be reached, thereby forcing a court battle in front of a judge and jury. Fortunately, all of the efforts and inroads made towards reaching a settlement during the mediation process are not lost if the case goes to court. Consequently, once this occurs, the parties may resolve their disagreements and reach a settlement much quicker. In most cases, the representing injury lawyers in Trenton, try to settle it amicably but if needed, mediation is asked for. And if nothing works, taking the claim to court seems to be the only solution.
What are the Mediator’s Responsibilities?
As an impartial 3rd party, a personal injury mediator has been thoroughly trained in different mediation techniques. His or her primary function is to assist the parties involved in order to achieve a mutual resolution between them and reach a settlement. Mediators are not allowed to offer legal counsel or their personal opinion in the matter. Additionally, they sit down with each party and their lawyer in private. Consequently, what transpires during the mediation process is strictly confidential. It cannot be shared with other individuals nor can it be used as evidence in the courtroom.
Benefits of Personal Injury Mediation
There are three key benefits to using the mediation process when a settlement cannot be reached in negotiations outside of court:
• The parties are given a chance to come to an agreement and reach a settlement in a timelier manner.
• If a trial becomes necessary, the outcome will be based on legal, statutes past case precedence, and the proceedings in the courtroom.
• Going to court will still be an option if a settlement cannot be reached during mediation.
Why would a Personal Injury Lawyer request Mediation?
During mediation, all parties involved are encouraged to avoid a lengthy court battle and reach a settlement. Plus, they are given the opportunity to create their own mutually beneficial solution. Even when mediation doesn’t end in a settlement, the parties have a greater understanding of the process and could possibly agree to a settlement in the near future.