Mediation: All You Need To Know

Posted on: 30 December 2018

If you want to pursue compensation for your personal injury but do not want to go through court, mediation is one option to consider. For many people, the process of going to court is too upsetting and traumatizing. Mediation lets you have a say in how the dispute is settled. The following are some things you need to know:

Understanding Mediation

Mediation is a process in which you and the defendant come together with your attorneys and a neutral third-party who will act as the mediator in the case. Each party will work together to resolve the case and come to an acceptable agreement.

The Mediator

The mediator is an attorney with special certification from the Bar to act as the neutral third-party in mediations. Mediators have to be completely unbiased to either party. Both parties to the mediation have to agree on the mediator. If you cannot agree, you can ask the court to assign one to you. The mediator is there to listen to the facts in the case and help you all find parts of the disagreement in which you can agree and settle the dispute. The mediator also facilitates conversations while in the meeting.

The Process of Mediation

Mediation starts when your attorney presents an opening statement. The statement lists all the events in the case. Your attorney will provide an argument on your behalf explaining why you should win a certain settlement figure.

Next, the defendant's attorney will speak for his or her client to discuss their side of the argument. Both attorneys will take turns speaking as the mediator listens. The point of the process is for the mediator to hear the information to help you come to an agreement. The mediator is not there to make any decisions. He or she is there to give an opinion or offer input. The final decision is on you and the defendant. If you are not happy with the outcome in your mediation, the decision is not final. You can go through the mediation process again if you want, or you can just take your case to court.

Benefits of Mediation

The best part of mediation is the amount of input you have in the decisions. You will negotiate an appropriate settlement figure. If you choose to go straight to court, you have no say if you will win your case and no say in how much money you receive if you do win.

For more information, reach out to an injury lawyer.


Preventing Accidents Every Day

After struggling significantly with injuries that I sustained in an accident, I started thinking about various ways that I could improve the future. I began talking with different people about how to recover some losses, and they recommended looking for legal counsel. I began working hard to look for a lawyer, and a friend of mine mentioned that the attorney I was interested in was taking new clients. I met with them to work out how to handle the case, and we started working together to remedy things. With the lawyer's help, I was able to completely overhaul my lifestyle, and I have been able to recover those losses. Check out this blog for more information.


Latest Posts