3 Things To Know About Mediation

Posted on: 27 October 2016

If you're involved in a car accident lawsuit, you may realize just how complex and emotionally demanding this process may be. The challenges of dealing with all the stages of these judicial proceedings can be draining. However, you will have the opportunity to settle your case at mediation. It's legally required that you attend this meeting to attempt to avoid going to court for your personal injury case. By knowing some of the things you can expect when attending mediation, this may put your mind at ease.

Who mediates the case?

Of course, you will want to know a little about the person that is in charge of the negotiation process. The mediator is frequently a retired lawyer or a judge that knows the law extensively.

This individual will go between you and your legal opponent to attempt to resolve the dispute. However, keep in mind that the mediator doesn't have any say in if the case is settled or not.

What is the process?

The first thing you will do when you attend the mediation is to meet jointly in a conference room. Many negotiations are held at one of the attorneys' offices that are involved in the legal dispute.

The mediator will go over the many benefits of settling the case during this time. Afterward, it's most common for each party to go into a separate room and with the appointed attorney. Then the mediator will go back and forth to each party to work towards negotiating the case. The amount of time this takes will vary greatly, so you may want to be prepared to stay all day.

What if the case is settled?

The reason for having a mediation is to get the case settled and out of the possibility of relying on a court. Courtrooms are busy, and this makes resolving the case without this legal assistance ideal.

If there is a negotiated amount reached between the two parties, the case will end. There will be informal documents that will be signed, and the conditions will be listed. However, you can expect to receive more formal papers from your attorney at a later date.

If the case is not settled, it may continue to court to be tried.

It's ideal to work towards reaching a settlement agreement if at all possible. This will save you a great deal of money and emotional stress in most cases. Be sure to consult with a car accident lawyer, such as those at Monohan & Blankenship, to guide you through the steps of mediation.