In mediation, a neutral third party acts as an intermediary to facilitate the mutually agreeable resolution of a legal dispute. Mediation is not uncommon in personal injury actions. In some cases, the court will order the parties to mediation in an attempt to reach a settlement without the need for litigation. The mediation would, therefore, be a mandatory condition that would need to be met prior to the judge allowing the parties to go to trial. Other times, the parties may voluntarily go to mediation. Personal injury plaintiff attorneys as well as insurance companies often recognize the value in mediation.
What are the Benefits of Mediation?
The parties to the mediation settle on a mutually acceptable time and place. Both sides meet with the mediator and the mediator will usually begin by explaining the process. The plaintiff will then often be granted the opportunity to give an opening statement. The defendant, usually an insurance company, will then be given the chance to respond to the opening statement. The mediator will then ask the plaintiff what an appropriate settlement would look like and then will take that offer to see if it is acceptable to the other side. The mediator will continue this back and forth, looking for the common ground that can bring both sides to reaching a mutually acceptable settlement.
Mediation can be valuable when an impasse in settlement negotiations has been reached. Sometimes the personal injury plaintiff will be able to progress no further with an insurance company. Attending mediation can help break through this stalemate. It puts the plaintiff in the same room as the insurance representatives. This means that you are no longer just a case file, you are a person to them. You are more than just a file. This, alone, can be a game changer. You also have the benefits of having the mediator, a neutral third party, talking to the insurance company. The mediator’s role is to encourage and facilitate a breakthrough in the deadlock that has developed in negotiations. With the mediator’s encouragement, mediation can prove to be a much faster, less painful, and less expensive option than going straight to court.
In some cases, an insurance company will be blatantly noncommittal about the mediation process. It will be clear that mediation will not lead to any sort of progress in settlement negotiations and litigation will be necessary. Even when this is the case, mediation can still be beneficial. During the mediation process, you will gain valuable information as to what type of things the insurance company might focus on in trial. The reasons why they are unwilling to settle the case and are willing to risk going to trial will become clearer. That, in and of itself, has great value.
Personal Injury Attorneys
In mediation and trial, the tenacious personal injury team at the Cassidy Law Firm is here to rigorously fight for your best interests. We work to make sure you receive the compensation you deserve for your injuries and we don’t back down when an insurance company puts up a fight. Contact us today.