As a personal injury plaintiff, you’ve probably heard your lawyer mention mediation, or maybe the trial judge ordered both parties to attend a mediation session before scheduling a trial date.
Many Missouri personal injury lawsuits are settled out of court in negotiations or alternative dispute resolution methods like mediation and arbitration. If you’re considering mediation, an Independence personal injury lawyer at Langdon & Emison can guide you through the process and help protect your rights every step of the way.
What is personal injury mediation?
Mediation is a structured form of negotiation, facilitated by a neutral third party called a mediator. Mediators are trained professionals with experience in the matter at hand, like retired judges or non-practicing trial lawyers. Their experience can benefit both parties, as the mediator can make suggestions for each party to consider, helping them reach an acceptable settlement.
The two parties, plaintiff and defendant, and their respective lawyers, are usually sequestered from one another, in separate rooms or separate Zoom call connections. Sometimes, you’ll be in the same room, on opposite sides of the table. The mediator goes back and forth between the parties, helping them find common ground and make compromises to resolve the case.
Mediation usually produces a resolution to the matter much faster than a trial. It’s called an alternative dispute resolution method (ADR) because it’s an alternative to taking the case to trial. And, since it’s collaborative in nature, it’s also less adversarial than a personal injury trial.
The mediation process
Both sides must agree on the mediator. Once an acceptable mediator is selected, a date for the initial (and ideally, only) session is set. You have a lot more flexibility with mediation compared to a civil trial, including attending via video call, which is another advantage of mediation.
Opening statements
Mediation begins with the mediator introducing themselves and each party, followed by opening statements from each side.
Each side presents its case in turn, often with input from its attorneys, outlining the facts and its perspective. Each side may state what they want to accomplish in mediation, such as establishing liability for the accident that caused the personal injury claim or settling a case for X amount of dollars.
Private meetings
Once the opening statements are completed and everyone understands the purpose of the session, the mediator meets with each side separately to understand their needs, goals, and settlement ranges.
The goal of the plaintiff in personal injury cases is usually to get an acceptable settlement offer from the defendant and their insurance company. Defense attorneys, on the other hand, typically seek a very low settlement agreement, or, if mediation was court-ordered, to convince the plaintiff that they don’t have enough evidence to win at trial and induce them to drop their case.
Negotiations
The mediator facilitates communication between the participating parties. They help each party determine their own “good, better, best” outcome for the matter and go back and forth between the two, relaying offers and counteroffers.
Mediators do not have the authority to make decisions in the case, and they won’t be called on to rule. Nor do they make legally binding judgments. Instead, they identify areas for compromise and offer creative solutions.
Resolution or adjournment
If an agreement is reached, a formal document detailing its conditions is drawn up by the mediator. Each side’s lawyer reviews it to ensure it represents what they agreed to, then all parties sign. The signed agreement is presented to the judge for approval, and once the court approves it, your case is concluded.
If negotiations fail, and the parties can’t reach a settlement, then the case may be adjourned for further negotiation or proceed to trial.
Why should I go to mediation for my personal injury claim?
We noted that one of the biggest advantages of mediation is that it can avoid a trial. Trials are expensive, and both sides have a vested interest in saving as much money on legal fees as possible. A trial is also unpredictable; a jury could go either way. You may not want to bet on the outcome of a trial.
You have more control in mediation and more of a say in the outcome of your case. In court, your outcome is in the hands of the judge and jury.
Mediation could be the right step in your personal injury case
Mediation gives injured individuals a chance to resolve their personal injury claim efficiently and with greater control over the outcome. While not every case settles during mediation, the process can help both sides better understand each other’s positions and avoid the time, cost, and uncertainty of trial. An experienced attorney can make a significant difference in preparing your case, protecting your rights, and negotiating a favorable settlement.
If you have been hurt due to someone else’s negligence, the legal team at Langdon & Emison can negotiate a fair settlement in personal injury mediation. Call our offices today at (866) 931-2115 for a free consultation with a personal injury attorney.