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How Do Personal Injury Attorneys Mediate Claims?

How Do Personal Injury Attorneys Mediate Claims?

Posted By The Dunnion Law Firm || 31-Jan-2017

The traditional legal system is not only expensive, but highly stressful and adversarial as well as taking up a lot of time. As such, there has been a movement away from taking personal injury cases to court and having a judge make the decision. These days, for the most part, injury cases are settled using a process called mediation.

Everyone involved recognizes how valuable this process is, and how effective it can be to get a satisfactory settlement all around. Learn how a personal injury lawyer mediates an injury claim, what the process is, and how it can potentially benefit you in getting the settlement you deserve.

What Is Mediation?

As opposed to arguing your case in front of a judge, and the long and expensive legal process that entails, a mediation involves all the parties sitting down together with a neutral third party called a mediator. This person is trained not to make a ruling on a case like a judge, but to help people work through their differences to come to a mutually satisfactory resolution.

It's important to understand that mediation is voluntary, and both sides must agree to it. It’s also only legally binding if both parties agree to a solution. Otherwise, the case returns to where it was before mediation was attempted.

In general, the cost of mediation is split down the idle by each side. It’s an informal process that allows each side to have its say and work out a decision between the two of them.

The Mediation Process

The process of mediation can vary from mediator to mediator, but there is generally a standard basic structure that they follow as they relate to personal injury cases. The parties sit down with the mediator and take turns speaking directly to each other. The mediator facilitates this exchange, helping to keep everyone calm and respectful.

Next, each side speaks with the mediator alone, presenting their side without the other present. The mediator then works to help each side come to a compromise position which will be satisfactory all around. The mediator will never reveal what was said in confidence, though they may use this information as they work to reach a compromise.

Benefits of Mediation

Mediation can be exceptionally valuable if the parties in a personal injury case have hit an impasse. It can get through the wall you face and allow you to speak with the other party directly. This humanizes you and makes it harder to view you as a statistic or number. It also forces them to put direct effort into your claim, while saving you the time and expense of a trial.

California Personal Injury Lawyer

Even though mediation isn’t a formal legal process, it’s still valuable to have a personal injury lawyer in your corner. A lawyer knows how to combat the tactics used by insurance companies and defendants to avoid payment, and help you reach the most beneficial settlement your mediation can get. If you are in this situation in California and need help, Dunnion Law Firm can help. Readabout our firm, and get in touch with us for more information and a free case evaluation today!

Categories: Personal Injury