When you first get injured, if you don’t have a lot of experience with the legal field, you probably think your case is either going to go to court or you’re missing out on something. That’s not true. There are a couple of ways your claim can go, and they don’t all involve going to trial.
One of those methods for resolving a personal injury claim is called mediation.
Today, we’re going to go over what mediation is, how it works, and when is mediation the best option for your personal injury case.
What is Mediation?
Mediation is essentially both parties coming together to solve the problem themselves, and the court isn’t technically involved.
However, it’s guided, both parties have their legal teams involved, and it’s a little more complex and official than if you two were to shake on a deal or make some other form of unofficial agreement.
Whether the dispute stems from something like a car accident or another type of personal injury, mediation gives both sides a chance to resolve the issue cooperatively and without the formality of a courtroom.
Why is Mediation an Option?
It might sound a bit strange for anyone to have a viable legal case, and it might be okay to sit down and talk things out between yourselves. Well, it’s not only okay, but it’s encouraged.
The catch is that it’s only an option for non-criminal cases. Any case that involves a crime can’t be talked out in mediation.
The reason for having personal injury mediation is simple. It gives both parties a chance to get things done in a mutually acceptable way while still having the resources of a legal team to guide the process.
You get to skip the trial part that puts all the power in the law’s hands and takes lots of resources, but you still get a fair result as long as both parties are willing to cooperate peacefully.
It saves everyone a lot of headaches. For example, this can be especially beneficial in workplace injury situations, where time off and lost income may create urgency for a quicker resolution.
When is Mediation the Best Option for Personal Injuries?
When you’re first injured, it’s likely that you’ll be emotional and want to take things to court. You might even think that not going to trial is causing you to miss out.
However, it’s not giving up or causing you to miss out on anything, and there are several situations where it’s the best option available if you assess the situation and put your emotions aside.
Here are some circumstances when it’s worth trying personal injury mediation first.
1. Both Sides are Willing to Negotiate
If the other side agrees they are at fault and are willing to negotiate fairly, there’s no reason not to try mediation first. You’ll save a lot of time and stress, and the other party is trying to make things right.
With that being said, expect the other side to try to get some sort of benefit from this. Typically, that means paying you a little less than your case is worth to save some money, not being liable for all the cash at once, non-cash compensation mixed in, reputation-protecting measures, or otherwise having an easier time than if they were to be declared fully responsible by a judge.
For instance, if your injury resulted from a slip and fall accident on someone’s property, and they admit fault, personal injury mediation might resolve the matter without the hostility of a trial.
If you’re willing to approach the situation truly looking to negotiate, then they don’t have much to lose by just going to trial and potentially getting let off the hook.
2. The Trial Will Take Too Long
Even if you have a solid case that is likely to win in court, there’s a high likelihood that the case will drag on for years. Rarely is a personal injury case so clear-cut that you go to court once and the judge orders compensation.
While that trial process takes place, you rack up court fees, you struggle with financially recovering from the incident, and other costs build up.
Depending on the type of injury, waiting years for a resolution may not be practical if you need ongoing care or can’t work.
If the case is going to take much longer than you can afford, trying mediation is your best bet. It’s a lot faster, and you can start getting compensated as soon as you and the defendant reach an agreement.
Read also: “How Long Will My Injury Case Take To Settle Or Finish or Go To Trial?”
3. Insurance Companies Want to Negotiate
Typically, you’re going to have a hard time with insurance companies. It’s their entire business model to avoid paying you what you’re owed, and if one actually offers you a fair payout without a fight, it’s something to be grateful for.
With that being said, the alternative is not automatically going to trial and forcing them to pay you fairly. Sometimes, they are willing to negotiate even if they’re trying to avoid paying you what you’re truly owed.
In that case, it can be worth it to try mediation. Negotiating a fair deal is always a better option than going to trial. Whether or not the negotiation goes well is another story.
Also, if your claim is denied at first but the insurance company later agrees to mediation, that could be your opportunity to recover fair compensation without further delays.
What Happens If Your Personal Injury Claim Goes to Mediation?
The personal injury mediation process is a lot less formal than a trial. You, your lawyer, and the other party will meet up to negotiate.
Typically, this is done in the courthouse, but it’s not done in the courtroom. A spare office space or a similar empty location is used in most cases.
There is no judge. It’s just your team and their team. You will each propose a solution, and then everyone goes back and forth trying to come to an agreement. So, the goal is to settle the case in a reasonable time frame, with terms both sides agree to, avoiding further litigation altogether.
When an agreement is reached, that’s officiated by the court, and things are settled as long as both parties uphold the deal.
What Happens if Mediation Fails?
Mediation is a great choice, and when it’s applicable, it’s almost always best to take this route rather than go to trial and put everything in the judge’s hands.
With that being said, it doesn’t always work. Even if the other side was open to negotiation before mediation, you might start the process just to learn that they’re bullheaded.
They don’t want to give up anything, none of your compromises are accepted, or they keep pushing the same lowball offer and ignoring your part of the discussion.
If the claim can’t be handled between your legal team and the other end’s legal team, it’ll be time to go to court.
At that point, you should hire an experienced personal injury lawyer who can build a strong case and advocate for your full compensation.
Get The Best to Fight for Your Personal Injury Claim
So, when is mediation the best option for your personal injury case? In short, it’s when both parties are open to resolving the matter outside of court and you’re looking to save time, money, and stress without compromising fairness.
At The Law Office of Scott D. DeSalvo, LLC, we help clients navigate not just mediation for personal injury claims, but a wide range of cases, including truck, motorcycle, and bicycle accidents, construction site mishaps, and even dog bites.
Contact us today to schedule a free consultation and find out how we can help you get the compensation you deserve!
