Syracuse, New York Mediation

Jed Dietrich, Esq., Is a Recognized Super Lawyer Who Has Spent Decades Fighting to Protect the Rights of Families in Syracuse, in Onondaga County, and Throughout Upstate New York. If You or a Loved One Has Been Injured in an Accident That Was Not Your Fault, The Dietrich Law Firm P.C. Could Help You Explore Your Best Options for Effective Legal Relief.

Personal injury lawsuits often involve high stakes and intense negotiations, but they always end up in court. Taking a case to trial can present risks not just for accident victims but also for defendants, defense attorneys, and insurance companies. If your evidence is strong or the defendant wants to avoid setting a precedent that could cost them later on, there is a good chance your claim could be resolved long before it is ever heard by a jury.

In New York, the legal system encourages litigants to engage in alternative dispute resolution. Alternative dispute resolution, or ADR, is a process of back-and-forth negotiation that can take place before or after a lawsuit. Mediation is one of the most common types of alternative dispute resolution. During mediation, a neutral third-party mediator facilitates discussion between the accident victim and the defendant. If mediation succeeds, both parties may agree to settle out of court, thereby avoiding the risks associated with a full-blown jury trial.

Mediation and other forms of alternative dispute resolution are usually voluntary. If you disagree with the terms of a proposed settlement, you do not have to accept. It is common to enter, end, and resume negotiations as a lawsuit makes its way through the legal system.

However, even though mediation is effective in brokering compromise, it does not always work.

If you are preparing to file or fight a personal injury lawsuit, you need to be prepared for both possibilities: that your case could be settled outside of court, or that it could go all the way to trial. Taking shortcuts or pushing for the fastest, most convenient solution could come at a steep cost to your legal rights and your financial recovery.

You do not have to take chances with your rights. For more than 25 years, the Dietrich Law Firm P.C. has filed, fought, and won cases like yours. A recognized U.S. News & World Report Best Law Firm, we know what it takes to build a compelling, evidence-based claim for compensation, and we have the results to prove it. Call Jed Dietrich, Esq., today at 1-866-529-5334 to speak to a personal injury lawyer near Syracuse and schedule your 100% free, no-obligation consultation as soon as possible.

Mediation is a standard component of most personal injury claims, and it can take place at almost any point before trial. Most mediations are highly structured, with mediators striving to give both sides an opportunity to present evidence and arguments. Mediation can last anywhere from several hours to a few days, weeks, or even months. There is no standard timeline for mediation and related negotiations, but, as a general rule, claims involving serious injuries and requests for significant damages take longer to resolve.

In some states, most personal injury cases must go to mediation or arbitration before they can proceed to trial. However, in New York, mediation is usually voluntary. If both parties agree to mediation, they will usually work together to select a mediator. Once a mediator has been appointed, the discussion begins.

Although mediations are not bound by the same rules and formalities as a jury trial, most abide by the same structure. In a typical Syracuse personal injury mediation, you can expect the following to take place:

1. The mediator makes an opening statement. Mediators are neutral third parties who do not have a personal interest in the outcome of the case. Most mediators are experienced legal professionals, often retired attorneys or judges. Before mediation begins, the mediator introduces each party and explains the rules of the process.
2. Each party makes its own opening statement. One of the first steps in the mediation process involves each party making opening statements. During your opening statement, for instance, your attorney will likely summarize the circumstances of your accident, detail your injuries, and present an overview of your specific allegations against the defendant.
3. The mediator facilitates joint discussion. If the mediator believes that both parties are ready and willing to find common ground, they may recommend joint discussion. Joint discussion is not always productive, but it can facilitate a better understanding of the defendant’s goals and priorities.
4. Private caucuses take place. Before, during, or after the joint discussion, the mediator may separate each party, meeting with you and the defendant separately. The mediator may provide feedback on the case’s relative strengths and weaknesses. In some cases, they may also relay settlement offrers between the plaintiff and the defendant.
5. Closure. If mediation is successful, the mediator will record the terms of your proposed settlement and ask representatives for each side to confirm their agreement. Agreements reached in mediation are not legally binding, but they can be submitted to a judge for review and potential approval.
6. Continuation. Mediation does not always succeed. If discussions break down, your case will continue on its way to trial.

Mediation can succeed or fail.

If mediation succeeds and you reach an acceptable settlement with the defendant, attorneys for both sides will submit a copy of the proposal to the court. Judges can exercise some discretion when it comes to offers of settlement. If the judge overseeing your case approves the settlement, the lawsuit will usually be voluntarily dismissed. Each party will then be responsible for upholding the terms of the agreement.

If the Dietrich Law Firm P.C. cannot reach an acceptable settlement through mediation, we usually look for alternatives. Depending on the circumstances of your case, this could involve:

1. Agreeing to continue mediation or informal negotiations until we reach an agreement;
2. Maintaining communications with the insurance company and defense lawyer to try finding common ground; and
3. Taking the case to trial.

Taking a case to trial presents its own challenges, but you do not have to go to court unprepared.

Jed Dietrich, Esq., has spent more than 25 years trying high-stakes personal injury claims. A recognized American Institute of Trial Lawyers Litigator of the Year, Jed Dietrich, Esq., knows that a trial is always a possibility. When we take a case into mediation, we do not expect it to end there. Instead, we continue to diligently collect evidence, conduct legal research, and build the strongest possible case. It is a strategy that pays off: since founding the Dietrich Law Firm P.C. in 2005, Jed Dietrich, Esq., has helped his clients in Syracuse and throughout Upstate New York recover more than $250 million in damages. We could help you, too.

Please send us a message online or call us at 1-866-529-5334 to speak to a personal injury lawyer near Syracuse and find out how we could help you build a better, stronger case.

Call the Dietrich Law Firm P.C. immediately at 1-866-529-5334 so that our aggressive, tenacious, and hardworking personal injury lawyers can fight to obtain the best result for your personal injury claim in Syracuse, New York. We are available 24 hours a day, 7 days a week, and there is never a fee until we WIN for you!