Mediation in Personal Injury Claims

Mediation is a method that is used successfully in some personal injury cases and it is one of the legal avenues that anyone who has suffered harm through negligent actions of another person or entity should understand. In some cases this may be the right choice to resolve a personal injury claim and reach a fair settlement without the need to proceed to trial to litigate the claim in front of a judge or jury. There are several steps involved with mediation and this will be a way for the victims attorney and the at-fault party’s attorney to negotiate with a third party, which is often a better choice than having stagnant negotiations when a settlement is not reached in a timely manner. The three main steps of negotiations include:

Preparation

Preparation is important in any case and is something that both sides of the claim will agree upon. Preparing for mediation the defense acknowledges that the injured victim, who is the claimant sustained harm and the party they represent has some liability in this event. The defense will be protecting the rights of the defendant as their client, but still concede the plaintiff was hurt. This is the basic facts of the claim and what the attorneys will base preparing their mediation case on.

Information

Mediation is unlike going to court in the sense that there is no real hidden information that is sprung on either side. The object of going to mediation and having a third and neutral party involved is to reach an agreement for a settlement. This person is not able or qualified legally to render a decision in the case, they are there as a neutral party to advise and bring both sides together to reach a settlement. Both sides of the case should be aware of the evidence in the case and the events that took place. If both attorneys were not apprised of all the evidence it could breakdown the negotiations and any possible settlement that could be agreed upon.

Communication

Communication during mediation is key for resolving the claim by both parties and if there are any major issues in the case, it should be discussed prior to mediation, rather than using this time to bring it to the opposing counsel. This would result in either holding the claim up, while the other side investigates the topic or evidence and it will waste the time the mediator is present to help bring the opposing sides to a fair agreement.

When mediation is used it can be the most beneficial way to settle a claim in a timely manner and revive a stagnant claim that was unable to be negotiated between the two parties. Each attorney believes they are protecting the rights of their client, yet when it reaches mediation the liable side has reached the conclusion that the plaintiff has suffered damages and a settlement will need to be agreed upon to conclude the claim. This is a financially favorable way to resolve a claim compared to going to trial and it is less stressful on both parties involved. The one issue that can help the mediated negotiations along is to keep the lines of communication open between both sides.

About Attorneys

I am a serious personal injury attorney based in Los Angeles. I handle cruise ship wrecks, dog attacks and motorcycle accidents with professional excellence and have retrieved millions of dollars between myself and my associates and firms of counsel to me. I take no prisoners when defending the sacred rights of my clients.