Mediation in Lieu of Trial

Personal injury lawsuits can be expensive and protracted. Most litigants in a personal injury case prefer an out-of-court settlement instead of going to trial. An out of court settlement has several advantages - it saves on the cost of trial and all the attendant expenses, and it is settled expeditiously to the mutual satisfaction of all parties. But there are cases when both parties cannot find common ground to settle and opt for mediation. Mediation is a negotiation conducted by an impartial party to resolve differences between two other parties.

The Main Sides or Parties

Personal injury mediation will have 3 participants:

The mediator, who will be an impartial person who is dispute-resolution certified. A mediator would typically be a judge or attorney experienced in personal injury law with no personal interest in the case. They will be completely impartial. A mediator is generally paid a flat fee depending on the number of hours the mediation takes. The fee is borne jointly by the defendant and plaintiff. The defense team comprising the defense counsel with the defendant and the insurance carrier represented by its adjuster (if the defendant was insured) and also perhaps the defendant. The defense counsel will present arguments in favor of the defendant and will play a role in negotiating a settlement on the defendant's behalf. The plaintiff team comprising of the plaintiff's counsel and the plaintiff. Plaintiff's counsel will open with a presentation then endeavor to negotiate a settlement on behalf of the client. The decision whether or not to accept a settlement lies solely with the plaintiff.

Possible Outcomes

Typically after a resume of the facts of the case, negotiations will commence. The plaintiff's counsel will make the opening demand which will set the ball in motion. There will be offers and counter offers. Some cases might be settled in minutes while others may require several sittings which will stretch over a few weeks before some common ground is arrived at. If a settlement is reached the documents are drawn up according to which the funds will be distributed. If there is no meeting ground then the mediation will end without settlement and the case may go to trial.

Not the Correct Route

If you are involved in a personal injury lawsuit, it makes sense to conclude the matter through mediation. However, you will need a personal injury attorneyto take you through the arcane personal injury mediation process. This is not the time for you to try to prove something or to act independently. You will most likely lose, or not receive what you should, and you could be flat out embarrassed.

www.carolinawebpros.com, www.kellumlawfirm.com