When Can Mediation Be Used in a Personal Injury Claim?
For a long time now, the US legal system has been trying to gravitate more towards a civil court system that consumes less time, is cost-effective, and is not as blatantly adversarial as the current system that handles the resolution of personal injury cases.
As a result, different types of alternative dispute resolution mechanisms have come to the fore, including mediation. Mediation can often be the less expensive and less aggravating way to resolve your personal injury claim.
Even the insurance companies and attorneys are using mediation more frequently, considering it as the more sensible approach for dispute resolution once the settlement negotiations in a personal injury case reach a deadlock.
Difference Between Mediation and Trial
While a trial is a formal, legal process; personal injury mediation is an informal process. It is not uncommon in mediation for the plaintiff and the insurance adjuster to be in different rooms, with the mediator moving between the rooms, trying to resolve the dispute to prevent it from going to trial.
In most personal injury cases, the victim and the insurance company realize that a good settlement has advantages to both parties and try to settle the case before it goes to trial.
Personal Injury Claims and Mediation
The parties involved in a personal injury dispute can sit down with a mediator, who is a neutral third person trained to help people reach a mutually acceptable resolution of their dispute.
Mediation is voluntary until the dispute turns into a personal injury lawsuit; and the mediator plays the role of a facilitator of the negotiations, never making decisions or voicing an opinion. Unlike arbitration, where the third-party arbitrator has the powers to make a decision, the role of a mediator is more benign.
The parties have the choice to go back to their original positions and look for another way to resolve the dispute if they fail to do so through mediation. Also, anything that either party says during the mediation process cannot be used against them later during litigation.
The Process of Mediation
Both parties convene a session after scheduling with the mediator. The advent of web meetings has helped in making the mediation process very cost-effective and convenient, eliminating travel costs.
The two parties usually bear the cost of mediation equally. The purpose of this informal process is to allow both parties to present their versions without carrying the burden of legal procedures, and without fear of losing the case.
Mostly, mediators are seasoned attorneys, bringing their expertise and experience to the mediation process for a nominal fee. The basic structure of mediations in personal injury disputes, even though it may vary a little bit among mediators, is as follows:
- Both sides get a chance to speak to the mediator alone
- Both sides speak to the mediator in the presence of the other side
- Both sides speak directly to each other with the mediator facilitating the exchange
The mediator tries to use the information gleaned from the parties to help them reach a consensus. There are no rigid rules on how the opinions and facts are voiced or presented unlike a court of law with its formal litigation process.
How Long Can Mediation in Your Personal Injury Claim Last?
Mediation could last anything from a few hours to several days, depending on the number of parties involved and the circumstances of the case. Once the parties reach a consensus, the mediator may help in formulating an enforceable agreement.
How Can Mediation Benefit Your Personal Injury Claim?
Having reached a deadlock in your negotiations with the insurance adjuster, you can consider mediation to break the impasse. Here are a few advantages of the mediation process:
- Easier, faster, and cost-effective than hiring a lawyer or filing in a small claims court
- Puts your face on the claim for the benefit of the insurance adjuster, making you more than a voice on the phone or a number on a file
- You do not require any extra documents or arguments, apart from the ones that you already have from filing the claim
- You get an experienced third person, with expertise in breaking the deadlock
What Are the Disadvantages of Mediation in an Injury Claim?
Here are a few barriers to mediating a personal injury claim:
- Can be expensive if you use a professional mediator
- Can be difficult to find the right mediator with relevant experience and competence
- Can be difficult to get an insurance adjuster to agree to mediation as it requires extra work, including appearances at the mediation session
Contact an Accomplished Alabama Personal Injury Attorney
If you are the victim of an accident, you need to ensure that you are in the best possible position to protect your rights and get the full and fair compensation you deserve for your injuries and damages.
It’s wise to consult with a lawyer with substantial knowledge and experience to help you. At Smith Law Firm, our understanding of Alabama personal injury laws and trial experience allow us to protect your legal interests while skillfully negotiating or vigorously fighting on your behalf to help you secure full and fair compensation for your injuries.
We understand how stressful accidents can be and want to make the entire legal process as easy to navigate as possible for you. Call at 334-377-1674 today, or contact us online to schedule a free case review with one of our attorneys.
