What is the Role of Mediation in Personal Injury Claims?

For years, everything from business disagreements to personal injury claims were resolved through litigation. By filing a lawsuit, both parties had the opportunity to plead their case before a neutral third party. While the court system is effective, it is not always efficient. In many cases, the cost of bringing a lawsuit can be more than the potential value of the claim. Now, personal injury mediation has begun to play a major role in resolving injury claims. But what is personal injury mediation and how can it impact your claim? Continue reading as we discuss every aspect of the process.

Mediation in Personal Injury Claims

The use of mediation in personal injury claims has been an option for years. However, until recently it was a fairly uncommon practice. Due to the growing cost of litigation, mediation has become an important tool for injury lawyers and their clients.

Mediation is far different than a jury trial. Instead of a possible adversarial proceeding, mediation attempts to bring both parties together with a consensus on how to resolve a claim. When mediation works, it often settles a claim for a fraction of the cost of a trial. Typically, the parties involved in the mediation share the cost of hiring the mediator. By splitting the cost of mediation, neither party comes out the “loser” should the claim not get resolved.

The process of mediation works like this:

First, both parties agree to mediation. If a lawsuit has not yet been filed, mediation is only possible if both parties agree. However, if a lawsuit has been filed the courts could require the parties to go through mediation before they can proceed to trial.

At mediation, the mediator typically separates the two parties. He or she will then go from one party to the other to discuss their goals and their thoughts on settling. Going back and forth from one party to another, the mediator pushes the parties to resolve the claim.

At no point will the mediator take sides or give an opinion. Their entire role is to serve as a neutral third party. They will, however, work to get the parties to come together when possible.

If both parties agree to a settlement, the mediation was a success and the claim will be resolved. However, if mediations do not result in a settlement the parties are free to continue with litigation if they choose. It is worth noting that anything said during the mediation may not be used at trial.

The Benefits of Mediation

There are many benefits related to mediation. First and foremost, it can jump-start negotiations on a personal injury claim that had previously stalled. Through the help of a neutral mediator, it could be possible to break a stalemate.

Another benefit is that mediation ensures the attorney or adjuster places special attention to your claim. Adjusters often have a large caseload, and many claims go unresolved due to simple inattention on the part of the insurance company.

You have the right to retain a lawyer during the proceedings, so you can protect your legal rights even without dealing with the cost or hassles of a lawsuit.  If you’d like to learn how to estimate what your case might be worth, you can do so here – but also understand that talking with one of our experts can give you a more accurate overview of what could happen.