More and more people are realizing that hiring a mediator is less time-consuming, stressful, and expensive than relying on an attorney. There is a movement away from the traditional legal process. Mediation is a great way o settle personal injury disputes. Alternative dispute resolutions have become increasingly popular. Insurance adjuster companies and lawyers have also recognized the value offered by mediation. Hence, they tend to use it frequently. Mediation is particularly common in personal injury cases. A sensible and clever way out of a dispute is possible through mediation. If you are negotiating with the insurance company regarding the personal injury claim and its settlement, you might need to contact a mediator for the best results.
Mediation & Personal Injury
When it comes to mediation, the parties which are involved in the dispute come together to negotiate with the neutral third party (mediator) present. The mediator is trained in helping people to reach a mutually beneficial agreement to put an end to the conflict. Keep in mind that mediation is voluntary in nature until the dispute actually becomes a lawsuit. In order to seek mediation, both parties involved must agree to it. Moreover, the mediator does not provide opinions nor passes any binding decision on the parties. However, if the parties involved cannot agree to reaching a resolution, they would continue where things left off before seeking mediation. Furthermore, anything said by either of the party can be used against the other party at court or later on in the dispute. Neither party has to fear about saying something wrong which could potentially jeopardize their case.
There is no burden of following any special legal procedures in mediation and the process tends to be informal in nature. Both of parties that agree to mediation would have to pay half of the cost of mediation. A basic structure is followed for personal injury mediation. Bear in mind that the procedure would vary slightly depending on the mediator. Each party would speak with the other party directly in the presence of the mediator who facilitates their interchange. They can also choose to communicate with the mediator alone. After gathering the information required, the mediator would facilitate the exchange. Now that you have an understanding of mediation for personal injury cases, it is important that you know about the reasons why you should use a mediation. The following reasons will give you a better idea of why mediation is the best measure.
Although the mediator speaks with both of the parties, the mediator has to be neutral. This makes it a lot easier to negotiate with the other party to reach a resolution. Moreover, when you hire a mediator, you get a neutral take on the situation. Unlike some attorneys who provide you with an incorrect view of your situation, the mediator offers an accurate description of where you and the other party stand. When negotiating with someone, neutrality is crucial.
One of the main reasons why people are switching to mediation for personal injury cases is due to the fact that mediation offers confidentiality. It is good for both the injured party and the other party i.e. insurance company. When both the parties attend the mediation meetings, they can be rest assured knowing that the third neutral party is bound by law to not disclose any information about the mediation.
Moreover, since both parties know that each mediation session is confidential, they are able to truly work together to reach a resolution. Unlike in a court where something said can be used against you, everything discussed with the mediator in private is kept confidential.
- Saves Cost
The truth is that legal proceedings are costly. There are many hidden costs which one might overlook but would end up having a difficult time trying to pay off. While on the on the other hand, when you seek mediation, you get to save up on the majority of costs. This cost reduction allows you to get the most out of the resolution.
- Saves Time
Having to attend legal hearings and waiting for a verdict to be reached can take a long time. Some personal injury cases can drag on for years. Besides, insurance companies have the means to delay the verdict from being reached. This is why it is better to opt for mediation as it helps save a ton of time.
- No Restrictions
There are no restrictions in a mediation. The process is informal in nature. This allows the mediator to follow a procedure that best suits the situation rather than one that is vague. As there are no restrictions, the chances of reaching the best possible decision are higher.
- No Special Training Required
No special training is required in order for both the parties to make the most of out the mediation sessions. This means that they do not have to worry about knowing how to speak in front of the mediator. Both the parties can trust the mediator in ensuring that neutrality is maintained throughout the mediation sessions.
- Simple Procedure
Mediation has a simple procedure. Unlike the complicated procedure that comes with legal procedures. When you seek Personal Injury Mediation, you can continue on with your life and not have to worry about dealing with any complex legal procedure.
- Greater Flexibility
A great thing about mediation is that it offers better flexibility to both the parties. This means that both the parties can be agree on a time that works best for them. It can be tough having to attend hearings during the morning on weekdays at the court. Whereas, in a mediation, you can choose a time that works best for you.
- Best Decision For Both Parties
Reaching a resolution can be difficult in a courtroom as the legal procedure looks at one party as right and the other as wrong. However, it is not as simple. When both parties have an understanding or want to seek a resolution that works in their best interests, they can rely on mediation.