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!