Some people resort to mediation for immediate and less stressful resolution to a variety of legal issues. As the legal way of settling disputes is stressful and time-consuming, people see mediation as a good alternative to court trial. Insurance adjusters and lawyers also recognize the value of mediation in personal injury disputes.
Negotiation and Mediation
While mediation will undoubtedly involve some form of negotiation, know that they are two different things. In negotiation, lawyers of both parties try to settle the case just by themselves. In mediation, however, both clients and their lawyers meet with a mediator in an attempt to settle the case.
The mediator or a neutral third party will help people come to a mutually satisfactory agreement. Mediation, however, is voluntary; both sides should request or agree to do it. Personal injury agreement through mediation is only reached if both sides are fine with it.
The Lawyer’s Role
WilliamBlyLaw.com says that legal assistance from a personal injury attorney will help with settling a case. Lawyers play an especially important role in cases involving serious injuries and larger claims. Some lawyers offer free initial consultation or evaluation and let the clients know if there is basis to pursue trial. If it is determined that there is a viable case, the attorney will investigate the claim and review other necessary documents.
Failure to Agree
If mediation doesn’t work, the case will then go up for trial. This process can last a day, a week, or much longer. Moreover, the length may also be increased in some states, as trials are held for only half a day. In injury trials, a jury or a judge examines the evidence to decide if the defendant should be held legally responsible for the injury of the other. Both sides have to present their argument to help a judge or jury decide on the case and other important matters like money damages.
There are many advantages to taking the mediation route, but it is still important to examine the case carefully and figure out if it is a good way to settle the case. Legal assistance will always be helpful to learn more about a case and the personal injury claim.