How Personal Injury Mediation Works
Mediation is a crucial way of resolving a personal injury case. Mediation is used as a way for defendants and plaintiffs to communicate and hopefully reach an agreement that satisfies both sides without the need for a trial. If you suffered a personal injury and are planning on filing a personal injury claim against a negligent party, it is helpful that you know what mediation is and what to expect during a mediation session.
Defining Mediation
Mediation in a personal injury case is a formal case resolution between the plaintiff and defendant. It is a process by which the defendant and plaintiff, together with their attorneys, meet with a mediator to try and solve the case out-of-court. The mediator is a neutral party specially trained in techniques to facilitate productive conversations between parties. The mediator’s primary job is to initiate productive conversations between the parties and encourage each side to see the other side’s point of view and move to a resolution. However, a defendant and plaintiff do not have to agree to a resolution during mediation.
Is Mediation a Required Step in a Florida Personal Injury Case?
Mediation can be voluntary or court-ordered. If parties cannot reach an agreement through out-of-court negotiations, one party can request to have a mediation set up. On the other hand, this process is usually mandatory before a judge will allow a case to proceed to trial.
Mediation can be a wonderful tool for resolving a personal injury case without the expense, risk, and energy needed to litigate a case in court. However, if you cannot reach an agreement through mediation, you may have to take your case to court.
How Does the Mediation Process Work?
First, the mediator introduces themselves to all the parties attending the mediation. Then they introduce the parties to each other and ensure that every party knows the other parties’ role in the case.
After everyone has been introduced and before mediation starts, all parties sign confidentiality agreements. When you sign this agreement, you are basically saying that you will keep all negotiations at the mediation confidential. Because of the confidentiality agreement, parties can say things that they would not normally say in court.
Next, the plaintiff is given a chance to give an opening statement about the value of their case. Usually, the plaintiff’s attorney gives this statement on behalf of the plaintiff. The plaintiff’s opening statement is important as it helps the mediator, defense attorney, and insurance adjusters understand what a jury may see if the case does not settle through mediation.
Then the defense is given a chance to give an opening statement about why they should pay the plaintiff less than they are asking for. During this time, the defense attorney will likely present a list of why they offered low settlement amounts and try to present their case in the best light possible while trying to present the plaintiff’s case in the worst light possible.
Once everyone has made their opening statements, the parties separate for the rest of the mediation. Both sides will then have a chance to present their case to the mediator privately, and the mediator will go back and forth to assist each side see the other’s point of view and move to a resolution.
Hopefully, there will be a resolution at the end of the mediation process. If a settlement is reached, the parties will sign a written agreement, and then the attorneys will prepare the paperwork to file with the court. Once that is done, the plaintiff will sign a release agreeing that their case is over.
What Happens if No Resolution Is Reached at Mediation?
As mentioned earlier, if parties cannot reach an agreement through mediation, a personal injury case may have to proceed to trial. However, sometimes negotiations continue, and cases are resolved before a trial begins.
In conclusion, the reality is that mediation is a useful tool that has helped many people settle their personal injury cases without the expense, risk, and energy needed to litigate a case. However, don’t get your hopes up when going into mediation. Insurance companies still give plaintiffs low offers during mediation. For this reason, you need to work with an attorney who is prepared to go to trial. You should beware of attorneys who are not prepared to go to trial because such attorneys will usually cave and accept low offers. You deserve the maximum possible amount of compensation.
Contact a Fort Myers Personal Injury Attorney
At The Law Offices of Marc L. Shapiro, P.A., our Fort Myers personal injury attorneys are experienced in assisting personal injury victims to recover compensation from negligent parties. We can assist you if you have been injured in, among other types of accidents, auto accidents, truck accidents, motorcycle accidents, and slips and falls. You can reach us by calling 239-329-8360 or filling out our online contact form.
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