Approximately only 3 percent of all personal injury cases go to trial. Most lawsuits are settled outside of court through negotiation or alternative dispute resolution. One of the most common types of alternative dispute resolution is called mediation. Mediation is a voluntary process where the plaintiff and defendant meet with a neutral third party called a mediator. The mediator, often a retired judge or attorney with vast experience and knowledge in personal injury litigation, tries to help both sides reach a mutually agreeable settlement.
What Takes Place During Mediation?
Before the mediation, lawyers from each party provide case briefs for the mediator to read and present to the opposing side. At the mediation, both parties have an equal opportunity to reveal evidence and make statements regarding their respective versions of the accident. The mediator also facilitates dialog between the plaintiff and defense attorneys. After the parties discuss the case, the mediator separates the parties into different rooms and speaks to them in private. In an attempt to arrive at a common understanding, the mediator will repeatedly go back and forth between the plaintiff and defendant’s rooms.
Mediators skillfully apply necessary negotiation techniques, use their powers of persuasion, and discuss the strengths and weaknesses of each side’s claims. Without revealing what has been disclosed privately, mediators resolve disagreements, avoid heated arguments, and masterfully achieve mutually agreeable resolutions. Either party can accept, modify, or decline the other’s demands. While mediators are free to suggest, they do not make final decisions. A non-binding settlement will be drafted and signed if both sides agree. Otherwise, the lawsuit will continue progressing towards trial.
Some key advantages to mediating a case include:
- Mediation is much easier and less stressful than going to court;
- Compared to other types of alternative dispute resolutions, mediations are flexible and informal;
- Mediation is more cost-effective than going to trial;
- Many attorneys view mediation as a vital part of exploring the strengths, weaknesses, and value of their claims; and
- Most courts are backlogged, and lawsuits can take several years to go to trial, but mediation can quickly be scheduled for the convenience of the parties.
Call A 10 Best Personal Injury Law Firm Today!
Jed Dietrich, Esq., acclaimed as Top 3 Personal Injury Lawyer in Buffalo, and his top rated team of personal injury lawyers will do everything possible to obtain the most pleasing outcome for you. Our battle-tested team has successfully resolved countless cases through mediation, including a $2,750,000 settlement for a 36-year-old woman injured by a collision with a dump truck. To determine whether mediation is your best option, it is crucial to discuss the details of your claim with a highly experienced attorney. The Dietrich Law Firm P.C. represents clients on a contingency fee basis, meaning that there are no costs or fees until we obtain compensation for you. Please do not hesitate to contact us for more information regarding mediation. The Dietrich Legal Team is available twenty-four-seven to answer all of your inquiries by dialing 716-839-3939.