The mediation process involves discussing the case in hopes of coming to an agreement on a settlement amount. This process takes place in the presence of a mediator. Information and facts regarding the accident that resulted in the accident victim’s injuries and other damages will be discussed by both parties. During this time, the mediator will try to help both parties come to a settlement that’s agreeable and fair.
What Occurs During a Mediation Session?
During a personal injury mediation session, the process is aimed at reaching a settlement between the parties involved. The mediation session will begin with introductions by the mediator, who explains the purpose and ground rules of the process.
Opening Statements
Each party will make an opening statement. During an opening statement each party can present their side of the case. These opening statements focus on summarizing key points.
Joint Sessions
The parties can participate in joint sessions where they will discuss the issues together, or they may be separated into private caucuses with the mediator going between them. A joint session allows for direct communication. A caucus allows for confidential discussions.
Discussion and Negotiation
The bulk of the mediation session is spent in discussion and negotiation. During this time, the parties exchange information, explore solutions, and work towards reaching a settlement agreement. The mediator may ask questions and help the parties come to a resolution.
Generating Options and Proposals
As the parties explore solutions, they may discuss different options for a settlement, including compensation, non-monetary solutions, or other forms of resolution.
Finalizing the Settlement Agreement
If both parties reach a settlement agreement, the terms are documented in a written agreement signed by both parties. The settlement agreement may outline the terms, including any financial compensation, and release of claims.
Do I Need to Hire a Personal Injury Lawyer to Handle Mediation?
You do not need to obtain legal representation to participate in the mediation process. However, an experienced personal injury lawyer will have the experience needed to negotiate with the other party and reach a fair resolution.
Your attorney will have a clear idea of what your claim is worth and will fight for your right to maximum compensation. If your attorney and the other party cannot agree on a settlement, your attorney may advise you to file a personal injury lawsuit and pursue compensation in court. While your personal injury lawyer prepares for trial, they will continue to negotiate with the other party. Fortunately, most personal injury claims are settled out of court. An insurance company does not want to waste time and money on a long and costly trial.
Contact Us Today
If you were injured in an accident that was caused by the negligence of another, contact Child & Jackson Personal Injury Lawyers today to schedule a free legal consultation. Our legal team has decades of experience fighting insurance companies for the compensation our clients deserve and can provide the dedicated and knowledgeable legal guidance and advice you need during this difficult time. Contact us today to schedule your free legal consultation.
