A personal injury case isn’t always resolved in a courtroom—in fact, the vast majority of them are resolved before going to trial. If you want avoid going to trial, talk to your personal injury attorney to determine if mediation is an option in your case. How can plaintiffs use mediation to resolve personal injury cases? Here’s what you need to know:
The Basics of Mediation
Mediation is a process that involves both parties of the lawsuit in addition to a neutral, third party mediator. The goal of mediation is to bring both sides together so they can reach an agreed upon resolution to the case.
What Happens During Mediation
The third party mediator will explain how the process works at the beginning of the first session. Everyone involved will be asked to sign a confidentiality agreement before the discussions begin. Then, both the plaintiff and defendant will have an opportunity to explain their case to the mediator. Both sides are allowed to have legal representation during mediation, but that does not mean the session will turn into a courtroom brawl. In some cases, the mediator will even put the plaintiff and defendant in two different rooms to avoid issues.
The mediator plays an important role in this process. He will help both the plaintiff and defendant evaluate each other’s cases and guide them towards a resolution. Some mediators will even offer their own opinions regarding which side has a stronger case.
The Benefits of Mediation
A trial can drag on for months—in some cases, even years—so many victims prefer mediation because it allows them to reach a resolution much faster. Mediation is also far less expensive since you will not have to pay your attorney for representing you for months in court. Finally, mediation gives you more control over the outcome of your case. If you go to trial, the jury will get to decide your fate. However, mediation gives both parties the opportunity to give their input and suggest resolutions. Therefore, you will have a say in the final outcome of your personal injury case if you choose mediation.
There are many benefits to mediation, but it’s not right for everyone. To learn if mediation is a good fit for your case, talk to the personal injury attorneys at Reisch Law Firm. Schedule a free consultation today by calling 303-291-0555 or filling out this online form.