What is Mediation in a Personal Injury Case?

Mediation may be ordered by the court or suggested by a party involved in a personal injury lawsuit. Understanding this legal process and its importance in your case is essential.

An experienced personal injury attorney from our firm can guide you through this process and protect your rights throughout it.

The Basics of Mediation 

Mediation is a form of alternative dispute resolution. The goal of mediation is to help the parties reach a mutually agreeable resolution so they can end litigation. 

A neutral third-party mediator guides mediation. The mediator does not have the authority to order the parties to do anything. Instead, the mediator facilitates communication between the parties, encouraging them to reach a settlement. However, it is ultimately up to the parties to decide whether to resolve the case through settlement or proceed to trial. 

If the parties reach a settlement during mediation, their lawyers or the mediator draws up a written settlement agreement, which is submitted to the court. The agreement becomes a legally binding contract between the parties. The case is then dismissed. If the parties don’t reach an agreement, the case proceeds to trial. The parties cannot discuss anything that was said during mediation, as the process is confidential. 

Benefits of Mediation

Mediation offers parties involved in litigation several benefits not afforded to parties involved in litigation, including the following:

• Cost savings: Mediation is typically much more affordable than litigating a case. You may be able to avoid discovery fees, expert witness fees, and other litigation expenses. 
• Time savings: If the parties can reach a settlement, they can dispose of their case faster instead of having to wait for the court’s busy docket to open up for a trial.
• Control: The parties have control over the outcome of the case. If they are able to reach an agreement, they can settle on those terms. If they don’t like the settlement offer, they can refuse it. If the parties engage in litigation, the judge or jury ultimately determines the outcome of the case.
• Less formal setting: Mediation occurs in a less formal setting than litigation, which can help encourage more open communication and reduce the adversarial nature of the case, which can facilitate reaching an amicable decision. 

The Process of Mediation

Mediation can vary from one case to the next, but the general procedure involves the following steps:

• Opening remarks: The mediator provides an overview of the process. Each party may present an opening statement that explains their current position. 
• Open discussions: Depending on the mediator and the parties’ preferences, the parties may communicate together with the help of the mediator.
• Caucus: The parties may break out into private sessions with the mediator. These sessions are confidential, and mediators can only share the information that the parties say they can. 
• Reaching an agreement: The mediator may go back and forth between the parties until they reach a settlement, potentially presenting different monetary figures until the parties agree. 
• Drafting the agreement: If the parties reach an agreement, they draw it up. 

Contact Us for Help with Mediation

At Dulin McQuinn Young, we can assist with all aspects of mediation. Contact us today for a free consultation.