Legal Guide

Will My Personal Injury Case Go to Mediation?

If you have been the victim of a physical or mental injury as a result of someone's negligence, then you qualify for a personal injury case. To receive proper compensation for all your pain and suffering related to a possible car accident, slip-and-fall, and other common types of personal injury cases, you need to file a lawsuit. Before going to trial, the lawsuit parties can opt for mediation to help solve this issue.

But what exactly is mediation, what happens during mediation, and how can you tell if your injury case will go to mediation or not? If you want to find out the answer to all these questions and more, keep reading the article.

Understanding the Principles of Mediation

Mediation can be understood as the process in which, after a personal injury lawsuit is filed, a third party called a mediator helps both the defendant and the plaintiff to communicate better and to find a solution to their dispute. In other words, a third party will try to help the two parties involved reach a settlement and an agreement and. By reaching a mutual consensus and agreement, the lawsuit will end before going further to the trial. As both parties are trying to get a favorable outcome, an objective mediator must help settle.

What Happens During Mediation

Personal injury lawyers tell their clients that mediation is — most of the time, voluntary and informal. The informal setting allows both parties to discuss freely, without the pressure they would otherwise face in a courtroom or any other formal setting.

Generally, the mediator is known by the lawyers of both the defendant and the plaintiff, although a mediator trusted by the defense attorney might be more helpful as it can deliver and have your message listened to accordingly. A mediator recommended by your lawyer might obtain a minor compensation as the defense attorney is less likely to trust what he or she is saying.

The Structure of Mediation

Nothing that will be discussed during the mediation can be used in court. Instead, the defendant and the plaintiff must use this time to have an open and honest conversation without the legal setting's burden. Most of the time, there are three great communication settings:

  • Each of the parties involved gets to communicate with the mediator in the presence of one another.
  • Each of the parties involved gets to communicate with one another.
  • Each of the parties involved gets to speak to the mediator alone,

After collecting the information, the mediator helps facilitate the discussion.

Will Your Case Reach Mediation?

Mediation is voluntary and only possible when both parties agree to this. This means that for a case to reach mediation, both parties need to request this service. The cost of mediation is usually split equally between the two. Mediation is successful when the parties involved manage to reach an agreement.

Finally, to find out more information regarding your injury claim, you want to make sure you contact a personal injury lawyer. They will be able to provide you with all the legal regimentations and information you might be needing.


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