Are you trying to figure out if you should use mediation for your personal injury case? Oftentimes, people use mediation because they are seeking a faster, less costly, and more controlled resolution than what they would get from a trial. In other words, mediation is an alternative dispute resolution. If mediation seems like it would be the right fit for your case, take a look below to learn more about what goes into mediation.
What Is Mediation?
Mediation is a harmonious alternative to courtroom battles. The two parties will meet with an impartial third party called the mediator. The mediator helps the parties come to a satisfactory agreement. Unlike a judge or jury, the mediator doesn’t make decisions or impose settlements. If it’s a successful mediation, it will lead to a settlement, and papers will be signed indicating a resolution has been reached. If it’s an unsuccessful mediation, both parties can still negotiate, but in the end, the case will go to trial, and the jury will decide what happens.
How to Select a Mediator
Both parties’ attorneys have a say when it comes to selecting a mediator. One of the biggest qualities in selecting a mediator is that it’s fair. Making sure the mediator is standing on neutral ground and knows how the mediation process works. A lot of times, retired judges or private attorneys step in as mediators. Whoever it may be, both parties must agree that the mediator is a good fit for their case.
Signs It’s The Right Approach
- You want to make your own decisions
- You want a fast resolution
- You want a less expensive option
- There is common ground between the parties
- You want control over the outcome
- Confidentiality
Signs It’s Not The Right Approach
- There’s a power imbalance between the parties
- The parties aren’t able to advocate for themselves
- When the focus is on blaming
- Parties are unwilling to negotiate
- There’s a need for legal advice
- There’s emotional intensity between the parties
What to Expect During Mediation
First off, your attorney will present opening statements and evidence justifying the settlement demand. The actual mediation session can be held in person or virtually. During this session, each party has the chance to present their perspective on things, voice their concerns, and propose potential resolutions for the issue at hand. When this is all happening, the mediator oversees the session while encouraging open communication and understanding. They will help make sure there are no misunderstandings and motivate the parties to come to a productive negotiation.
What to Expect After Mediation
After the process is over, the parties are looking to have settled. The end goal is to have reached a resolution that not only settles the current dispute but also helps the parties reach healthier interactions after the case has closed.
Differences Between Mediation and a Trial
Trials take place in a formal courtroom setting with witnesses, evidence, and legal arguments, while mediation takes place in a more relaxed environment, such as a conference room. The setting of trials and mediation isn’t the only difference; trials come down to a binding decision from the judge or jury. Mediation results in a non-binding agreement that can be accepted or rejected by the parties. Another key difference would be the level of control each party has over the outcome. In a trial, the parties don’t have control over the outcome; it’s based on the judge or jury. Different from a trial, mediation allows the parties to have active roles in finding a resolution.
When deciding what to do about your personal injury case, look at this before taking it to trial. Jason Javie Law Office may be able to help you with a mediation case that is a lot less costly, faster, and more controlled than a trial.