Mediation For Personal Injuries: Questions You May Have

If you are injured due to negligence and wish to pursue legal damages against the negligent party, you can opt to go through mediation. If you are nervous about going to court or if you would rather get the case over more quickly, mediation can be a good option. You will have a say in how the case settles. Here are some things you need to know before talking to a personal injury attorney:

What Does Mediation Mean?

Mediation is a process in which you and the negligent party meet with your lawyers in front of a mediator. You will all work together to come to a conclusion in your case.

What is a Mediator?

A mediator is a specialized attorney who possesses certification which allows him or her to act as a neutral third party in these meetings. A mediator has no bias to either party in the case. You and the other party involved have to both agree who the mediator will be for your case. You cannot choose a mediator independently. A mediator is there to hear about your case and point how any similarities or places where you can compromise to find a solution.

How Does the Process of Mediation Work?

Mediation begins with an opening statement made by your attorney. The statement will include the different aspects of your case. He or she will state why you should receive compensation for your injuries and damages. The defendant's lawyer then has the chance to make a statement stating their side of the argument. Each attorney will have specified times to speak, with the mediator facilitating the conversations. The mediator has no hand in deciding who wins or loses. You and the other party will ultimately make those decisions with the input of your attorneys. If you do not like the result of your mediation, you can start over if you like. The mediation is not final unless you all agree. If you do not wish to go through mediation again, you can still take your case to court for the judge to decide the outcome.

Why Would You Want a Mediation?

There are many benefits to mediation. They are faster, less expensive, not as intrusive in your life, you can negotiation your settlement figure, and the decision is in your hands. If you go to court, you lose any say as to how the case will turn out. You also will not have any input as to how much money you should receive for your damages.


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