Preparing For Personal Injury Mediation
Mediation is often used to resolve personal injury disputes because it prevents you from having to go to court. This process allows both parties to work with a neutral mediator for an appropriate settlement. Mediation can save time and costs, but that doesn’t mean it is a passive process. Mediation is an opportunity to resolve differences; it is not a forum to figure out your case on the fly. In other words, you must know what you are asking for while having evidence to back it up. Preparation is fundamental.
Is Mediation an Option During a Personal Injury Case?
Mediation is available in personal injury cases. Many people associate it with family law, but it is used for various reasons. In some personal injury cases, the courts sometimes require mediation before allowing a case to go to trial. However, even when it is not mandatory, remember there are tremendous advantages to pursuing it. In mediation, both sides meet to negotiate with the help of a mediator. The mediator will not select an outcome for you but will help you and the other party reach an agreement.
Mediation is often successful because it encourages open communication in a neutral setting. Both sides express their concerns openly in an environment that won’t devolve into a shouting match. Mediation is confidential, which means anything discussed during the process cannot be used in court if the case is not settled. You give up a degree of power in court because you allow a judge to decide. Conversely, mediation gives you more control over the outcome. You’ll have the opportunity to create solutions that a court might not be able to offer.
While mediation is not binding, it often leads to mutually agreed-upon settlements. Going to court can lead to uncertainty. If a resolution is reached during mediation, it will be quicker and less expensive than traditional litigation. Mediation preserves relationships if you and the other person had a professional or personal relationship before your injury. Even if the mediation does not end in a settlement, it can give both sides a clearer picture of their case, making future negotiations more productive.
How to Prepare for Mediation
As we stated from the onset, preparation is fundamental. This includes gathering your medical records, the accident report, and any other evidence you have that supports your claim. Do you have a solid understanding of your total damages? These cover medical expenses, lost wages, and any other costs related to your injury.
Another often overlooked element is taking the time to understand the opposing side’s arguments. This includes reviewing any evidence they have provided and considering their likely arguments during mediation. Discuss your goals and expectations with your attorney before the session. Your attorney will help you set a realistic settlement range and ensure you are prepared to negotiate. Lastly, remain calm and focused during the process. Mediation is about compromise, so being willing to listen and adjust your position is essential for reaching a fair settlement.
During mediation, avoid letting emotions guide your decisions and focus on the facts of the case instead. Ensure you clearly understand what you are willing to accept before entering negotiations. This will help you stay focused, as mediation can take several hours, and progress may be slow. Finally, keep in mind that if an agreement is reached, it is legally binding once signed, so review any offer carefully before accepting.
Contact Legal Counsel To Help You with Your Personal Injury Case
If you have a personal injury claim and are considering mediation, it's essential to be prepared. Contact our office today to schedule a free consultation. We can help you understand the process and work toward the best possible outcome for your case.
