What Happens During Mediation in a Personal Injury Case

If you have been injured because of another party’s reckless or negligent behavior, you may have extensive medical bills, lost wages, pain and suffering, and other damages. In this circumstance, you may need to file a personal injury suit to pursue your remedies under the law. Filing a personal injury lawsuit does not mean your case will need to go to trial, however. Many personal injury cases are settled outside of court. One way for parties to reach a settlement in this type of case is by using the mediation process. If you are unfamiliar with this form of dispute resolution you may be wondering: What happens during mediation in a personal injury case?

What is Personal Injury Mediation?

Personal injury mediation is a process that parties to a personal injury lawsuit can use to try and resolve their case issues. Essentially, this form of dispute resolution involves a trained mediator working with those involved to assist with negotiations.

The mediator is neutral and will usually be a retired judge or lawyer who has experience with personal injury cases. The process is voluntary, and the parties are not obligated to settle. Additionally, the information exchanged during mediation is confidential and generally cannot be used in court. If parties can reach resolution, they can enter into a mediated settlement agreement and work on finalizing their case.

What Happens During Mediation?

Before mediation begins, each party’s attorney will prepare a written summary for the mediator. The attorneys will then make a brief presentation to the mediator in the presence of their other party. The parties and their counsel will then be directed to separate rooms where the mediator will meet with them privately. Then, they will then go between the parties and attempt to help them reach an agreement.

Mediation can be an effective means to resolve a personal injury case. While the process typically requires each side to pay fees, it tends to be far less expensive than litigating the case. It is also faster and less formal than a hearing or trial.

Preparing for Mediation

In many ways, preparing for mediation can be just as involved as preparing for a trial. You will want to work with an experienced personal injury attorney to help ensure that you have all of the information you need to fully utilize the process and protect your interests.

Is Mediation Right for My Personal Injury Case?

Depending on the case, mediation may be a useful process. However, it’s important to discuss your personal injury matter with an experienced personal injury lawyer before agreeing to mediate. Your personal injury lawyer can help you evaluate whether this form of dispute resolution would be beneficial. If you decide to meditate, your personal injury attorney can help you evaluate settlement offers and advocate for your interests throughout the process.

Contact an Experienced Car Accident Attorney

Personal injury mediation has the potential to be effective. However, not every case is appropriate for mediation. Therefore, it’s important to evaluate whether it is the right option for your case. If you or a loved one have been harmed due to another’s negligence, you should schedule a free consultation with the experienced attorneys at Bonina & Bonina, PC. Our attorneys have experience litigating and mediating personal injury cases and are here to help!

Call us at 1888-MEDLAW1 or contact us online for a free consultation. We have experience helping clients with personal injury cases, and we can explain your options and help you decide what actions you should take. At Bonina & Bonina, PC, we come to work daily believing that there should be equal justice for all. Se Habla Espaňol. Home and hospital visits are available.