Are you in search of the best attorney for resolving a personal injury lawsuit? There are various ways to settle a lawsuit. Since a lawsuit can be lengthy, demanding, and costly, it is advised to settle it through mediation. The result of a lawsuit is not definite even if you are convinced you are right.
We all have seen in movies and TV shows that justice always prevails. The good guys win, and bad guys get caught, no matter how smart they are. However, in real life, the justice system works in a different way. Getting involved in a personal injury dispute can cost you a lot of time and money.
This is why the best way to resolve a personal injury case is through mediation. Well, we all have heard the term mediation, but doesn’t know exactly what it is and what we should expect. Don’t worry, we are here to help you.
In this post, we have listed we have mentioned everything you need to know personal injury mediation.
What is Mediation?
Mediation is a process of settling a dispute peacefully, involving a third party, outside the court. In mediation, usually, a third party is neutral who can’t impose a decision if both the parties don’t agree. A mediator will help both parties reach an agreement by focusing on the main issues of the case. They are also capable of exchanging information and even explore various options for settling the dispute.
Moreover, mediation will enable a litigant to decide the result of their cases without the risk of getting it overturned by a judge. Since it is an alternate form of dispute resolution, it has been extremely successful in resolving a dispute, especially in personal injury cases.
In most cases, mediation is the first opportunity through which both parties sit down and have a discussion related to the resolution of the dispute. Without a doubt, mediation is an efficient and productive way to settle a dispute. In case both the parties are not properly prepared and know what to expect, mediation can be unsuccessful.
There are many attorneys to help you; unfortunately, not everyone will guide you comprehensively and properly. This is why you have to be extremely diligent when hiring an attorney. One of the most experienced attorneys is Charles Schoemaker, Jr. You can get in touch if you wish to know more about mediation.
Reasons to Settle Dispute Through Mediation
There are many reasons for settling a personal injury case through mediation. Here are some of the most compelling reasons.
Saves Time, Money, And Effort
One of the reasons for settling a dispute through mediation is that it will be time-saving and cost-effective. This is because it will only last for a day and you will not have to visit court for hearings. It is the reason mediation is considered as the best and first way of resolving a dispute.
Impartial and Fair
Another reason why mediation is a great dispute resolution method is that it is a fair way to settle. In mediation, nor the attorney or mediator, decide the terms. Both parties have an equal say in the process, so there is no innocence or guilt.
Moreover, you have the authority to make a compromise and reach an agreement. There will be no risk of taking your chances as you will be one to make the choice. In addition, the attorney is present to ensure you know your legal right and make the decision that is in your best interest.
It is Effective
Mediation is a quick and effective way to resolve a conflict. It is because more than 90% of settlements are long-term. The outcome of the resolution through mutual satisfaction, both parties adhere to it.
Makes it Easy to Get Back to Life
It will make it easy for you to get back to your life without any difficulty. After mediation, many people mentioned that after settling the dispute, they easily moved on with their life.
Convenient to Schedule
Mediation is an easy and simple process that can be scheduled according to the availability of both parties. The location and time for the mediation session are mutually decided.
Privacy and Confidential
All the statements that are made during the process are not admissible in any legal court. If the documents or statements must be used for legal proceedings, the consent of the parties is required. Everything used or discussed in the process, is private and confidential.
Less Formal than Court
Not everyone is comfortable talking or being questioned in front of a lot of people in court. Mediation is a process that is less intimidating than going to court. It is a flexible process as there are no rules to follow.
Deals with Feelings
Through mediation, both parties are allowed to share their side of the story in their own way. This will enable you to acknowledge emotions that will make it easy to reach a settlement. It will allow both parties develop understanding of the other person’s side in a better way.
Focus is on Interest and Needs
Through mediation, you can examine the cause of the problem and look for solutions that are in accordance with your needs.
5 Things to Expect in Mediation
In order to have a successful mediation, you must be prepared and know what you should expect from mediation. Here are the 5 things you need to expect.
1. Listening to the Statements of Other Party
The first thing you must expect in mediation is to listen to the opening statements. The mediation will most probably take place in a conference room where both parties will be seated. During the mediation, the insurance company of the defendant, attorneys of both parties, plaintiff, and defender will be present. The mediator is the most important person in this process, so they will be sitting at the head of the table.
It is advised that you have to stay calm and be patient. During the statements, your attorney will make an opening statement and present your side of the story. While the attorney of the defendant will challenge your claims, facts, and value of your case. You have to keep in mind that they are doing their job just like your attorney. So, you should remain calm and not get offended.
When you hire a good attorney like Charles Schoemaker, Jr., you can rest assured that you will be well prepared for mediation. It is the duty of an attorney to help you go through the opening statements and prepare you well for the settlement.
An experienced attorney will make sure all the possible statements that the defendant might make are discussed. It is a crucial step for you to be well-prepared, so you can be patient and calm. This is imperative because the defendant will make statements deliberately to get you angry.
Furthermore, you have to keep in mind that the only one to counter any statement must be your attorney. No matter what happens, you should not be the one to defend any statement as it can adversely impact your case. You don’t know what statements you should make, so it is best left to the professionals. This is because they not only have comprehensive knowledge, but they do it every day.
2. Long and Lengthy Process
Another thing that you should expect is that the process can be long and time-consuming. No doubt, it is regarded as a quick method for resolving a dispute; it can take quite some time as well if the parties are not willing to settle.
Normally, a mediation will last for a couple of hours or even for a full day. In most cases, the mediation will last for 4 to 6 hours. The mediation process takes a lot of time because the mediator will meet both parties individually to get information. It is the duty of the mediator to take demands and offers to both the parties.
In between the mediation process, there are so many things to discuss. And without discussing all the details, mediation cannot be successful. Thus, it takes time to discuss everything in detail. Both parties must expect the resolution method to take time.
On the other hand, the defense attorney might also cause a delay in the process to prevent any settlement that might be in your favor. As mentioned above, you have to be extremely patient throughout the mediation process. You must not lose your cool at all costs, no matter what the defendant says. Another important thing you have to keep in mind is to trust your attorney. You have to believe they are there to protect you and your interests. They will not settle for anything that is not in your best interest.
3. Mediator Will Not Choose Sides
The mediator has to be neutral; they can’t pick sides. This is because a mediator will not be your advocate or attorney; they are only concerned with the settlement of the dispute; irrespective of who is right or wrong.
For a successful mediation, the mediator has to be fair and stay neutral to both parties. In case the mediator chooses a side, the mediation will not be successful.
4. You Will Have to Compromise
You cannot have my way or the highway attitude. This is not how mediation works. Compromise is an essential aspect of mediation; this dispute settlement method cannot be successful without a compromise.
In order to resolve a dispute, you have to be ready to make concessions. This doesn’t mean you have to make all the sacrifices. You must agree to the concessions that you think are fair and reasonable. An important thing to keep in mind is that the process of mediation involves give and take process. You can decrease the risk and increase the rewards through a settlement. If both parties don’t compromise, the personal injury case will end up in the court, which will take a lot of time to resolve. The outcome might not even be in your favor or acceptable by you, but you would have to agree to it.
During the mediation process, both parties are required to make a compromise if the case must be resolved.
5. Signing the Agreement or Going to a Trial
When the mediation will be ending, an agreement will be signed mentioning the compensatory amount to which both parties have agreed. By signing, the agreement will become binding. In case any party is not satisfied with the result of the mediation, they have the right to refuse to sign the agreement. This will make the agreement not binding and the dispute will be settled in the court.
If the case ends up in the court, then it will be resolved according to the better judgment of the jury or judge. In this case, there is always a risk that the decision might be made in favor of the defendant. This will not cause you to lose the lawsuit, but also the chance of getting a settlement. Additionally, you will have to take out time to visit the court, follow strict rules, and give a lot of money.
Hiring the Best Attorney
If you have or someone you know has sustained a personal injury because of someone else’s fault, you must hire an experienced and skilled attorney for protecting your rights. There are many personal injury cases that are settled through mediation.
If you are looking for an attorney to help you in a personal injury lawsuit, no need to look further. Charles Schoemaker, Jr. is an ideal choice as he is an experienced attorney. He has been working as a personal injury attorney for many years and has comprehensive knowledge about all the laws and rules. He is excellent attorney who will make sure the dispute is settled in your best interest. He will even guide you through the mediation process and makes sure you are ready to face the opposition. In order to get more information on mediation, kindly contact us for more details.