Most personal injury lawsuits end before they ever get to trial, thanks to a process known as mediation. It’s a method that allows both sides to meet with a neutral third party and reach a settlement agreement. The mediation process saves everyone time, money, and stress, but is this approach right for your case? Below, a Denver personal injury attorney from Zara Injury Law discusses what mediation is and how it might work for you.
What is mediation in a personal injury case?
Mediation allows the parties in personal injury cases to move beyond simple negotiation and work with a neutral party trained in alternative dispute resolution (ADR) methods. In your personal injury claim, your attorney may have held conversations with insurance adjusters to seek a fair settlement offer. Instead of moving your case to trial, your lawyer may recommend trying mediation first.
During mediation, all parties must make a good-faith effort to reach common ground and create a settlement agreement they can uphold. By doing so, they can often close a case much faster and at a lower cost than formally going to court.
How the mediation process works
Let’s say you were injured in a slip-and-fall accident in a store, and you are filing a claim against the store owner’s insurance policy. You have clear evidence of the spilled liquid, but the owner argues you ignored a warning sign about the danger. The settlement negotiations with the insurance company are not going anywhere, yet your personal injury attorney is not confident that a trial is the next step.
This is when you may turn to mediation. You, the at-fault party, and your lawyers will meet with a neutral third-party mediator who listens to each side. Both parties present their opening statements, including evidence supporting their claims. The mediator guides the conversation to identify the issues and possible solutions.
The mediator also meets privately with each side to present offers and counteroffers. Although you are not at trial, mediation is where having experienced trial lawyers working for you may help you get the settlement you need without compromising too much. By knowing what to look for in a good personal injury lawyer, you stand a better chance of reaching a satisfactory outcome.
Mediation offers many advantages in a personal injury case
Along with avoiding the many expenses associated with preparing and presenting a case at trial, personal injury mediation can limit public exposure for all parties. Companies and individuals may want to keep the details of the case private, and all mediation discussions and documents are kept confidential.
Mediation can also “lower the emotional temperature” of the interactions between the parties, allowing them to define and focus on the more logical aspects of the case. By concentrating on the facts and creating a suitable agreement, mediation often takes less time than a personal injury trial.
Another advantage of having a mediation agreement compared to a verdict and sentencing from a court is the privacy and flexibility you have. You and the other party reach an agreement that works for both sides while protecting the details of your conversations from the public record.
Mediation isn’t legally binding, but a mediation agreement is
You may use mediation as a middle step between insurance negotiations and a courtroom. You get a similar effect as presenting your case before a judge by using a neutral mediator. Yet, mediators have no legal authority to require you to abide by their recommendations.
The goal for most parties entering mediation is to reach a compromise, settle the case, and end legal action. Since a mediator’s recommendations aren’t legally binding, this usually requires the mediator to craft an agreement that both parties sign. The agreement becomes a legally binding contract under the Colorado Dispute Resolution Act (CDRA), and all parties must follow the contract’s terms.
Mediation often takes as little as one day or a few days, meaning you can secure a settlement much faster. You are also dealing only with the defense attorneys and the mediator instead of the uncertainty of a jury trial. If there is no agreement, you may decide to go ahead with your personal injury trial.
Mediation may be the right choice for your case
Mediation is an attractive option because litigation in a personal injury case can take weeks or even months, especially when you must wait for your case to appear on the court’s docket.
If you still have questions about mediation and the personal injury lawsuit process, it’s wise to speak with a skilled attorney who can assess your circumstances and address your concerns. At Zara Injury Law, we offer free initial consultations to consider your claim and recommend your next steps. When we accept your case, we do not get paid until we secure a settlement or jury award for you.
Call us at (866) 823-8288 or contact us online to arrange a meeting with a Denver personal injury attorney and find out whether mediation is right for you.