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(314) 500-HURTMediation is one of the last steps in a personal injury claim process before the claim goes to trial. It is a type of alternative dispute resolution wherein both parties meet together with a neutral third party to try and come to a voluntary agreement. The mediator, usually an attorney or judge, is a professionally trained negotiator who will hear arguments from both sides and try to come to a reasonable conclusion about how much is owed in damages.
While mediation can be ordered by a judge when a lawsuit is filed, it is often voluntary as it is in both sides’ best interest to avoid the time, money and energy spent in a jury trial. When negotiations fail, mediation is often the most sensible path forward. A mediator has no legal authority to order a settlement amount. However, they are skilled at getting each party to see the merits of the other’s arguments, and weak points of their own.
The parties involved in a personal injury mediation will be you as the injured party, your attorney, the insurance adjuster, the defense attorney and, of course, the mediator. The liable party, for instance the distracted driver that injured you, is not usually required to attend, but may do so if they wish.
Seven to 10 days before the mediation, your attorney will send a detailed mediation letter to the mediator and other side, explaining why the defendant is liable and what damages they are responsible for. They may also put together a list of similar cases and what the results were for those plaintiffs.
The mediator will organize and lead the mediation depending on each side’s receptiveness and demeanor. Most of the time, a mediation follows this process:
If both sides cannot come to an agreement, it does not necessarily mean that reaching a settlement is impossible. Often, after mediation the insurance adjuster will go back to their insurance company for the authority to offer you more money than was previously authorized.
The only real downside to attempting mediation is the time and the cost, which is usually split evenly between both sides. However, if your personal injury lawyer has already been negotiating for months without receiving a fair offer, mediation is worth it to get the full compensation you are owed and avoid a lengthy, stressful trial.
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This law firm is absolutely amazing. They took on my case, when nobody else would! They fought hard for me when it seemed there was no hope. They kept me informed and always asked for my input before making decisions on my case. Gary puts himself into every case unlike most law firm owners. Gary and his team really care about every one of their clients, and fights hard to get you a fair settlement. They actually won my case out of court, and then reduced my fees to make sure I could get my car fixed and be able to get back to some normality. I would recommend Burger Law over and above any other firm! If you go somewhere else you aren’t getting the best!
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