Mediation is an alternative form of dispute resolution that you can use to settle your personal injury case. Below are seven things you should know about mediation.
1. A Good Mediator Is Key
The mediator plays a significant role in the process. For example, the mediator:
- Directs both parties to a common ground
- Ensures everyone gets a chance to speak
- Offers an unbiased evaluation of the situation
Choose a mediator who is up to the task. The mediator should:
- Be patient
- Be persistent
- Understand human nature
- Understand the legal issues at hand
- Have relevant experience
Your lawyer can help you choose a good mediator. Both parties (you and the defendant) must agree on the mediator.
2. The Mediator Is Not a Judge
Some people assume that the mediator takes the place of a judge, but this is not the case. The mediator doesn’t make any ruling or judgment. The mediator only facilitates the negotiation. The mediation only gives you a good environment to iron out an agreement between yourselves.
3. Information Revealed Is Confidential
A typical mediation session will have the mediator, the plaintiff, the defendant, and the lawyers for both sides. Either side will also get the chance to speak to the mediator alone. Whatever you say to the mediator, whether alone or in the presence of the other parties, is confidential.
No one should share information disclosed during mediation to other third parties. In fact, even if the mediation fails, you can’t use the information in a subsequent lawsuit. This provision ensures everyone can talk freely during mediation.
4. You Split the Costs
If you agree to mediation, you have to split the costs with the other party. Mediators typically charge by the hour. The longer you take to resolve your case, the more it will cost. Choose a mediator you can afford, keeping in mind the value of your case. For example, you shouldn’t opt for the most expensive mediator in the state if you have a small claim.
5. It Can Save Money and Time
One of the benefits of mediation is that it can save you time and money. Civil courts have numerous cases to handle, and your case can take a very long time before its hearing. Mediation gives you authority over your case’s timeline. Motivated parties will resolve their case faster than they would via litigation. The shortened duration can also save you money.
6. Thorough Preparation Is Necessary
Although mediation is more informal than litigation, you still need to prepare for the sessions. Specifically, you should:
- Prepare notes on the issues you wish to tackle during each session
- Gather or make copies of evidence you may need
- Understand the legal background of your case (your lawyer can help you with this)
- Resolve to be polite and avoid offensive language
Don’t do anything that might antagonize the other party and cause them to walk away from the table or harden their position. You want to appear amicable and reasonable.
7. It Is Not for Everyone
Despite the obvious benefits of mediation, the process is not for everyone. For example, you should reconsider mediation if:
- The other party is dishonest (you can’t force honesty during mediation)
- A power imbalance exists
- You want to take advantage of a legal precedent (a court process will give you this)
Your injury lawyer will evaluate your case and help you determine if mediation is appropriate.
Siben & Siben LLP has legal experience spanning decades. We can handle your personal injury case, whether it requires mediation or other forms of dispute resolution. Contact us for a free initial consultation so that we can determine the best way forward.