When people hear about injury lawsuits, they often think of long, drawn-out and painful court cases that bankrupt everyone involved. The truth is, though, that the vast majority of these cases never make it to court. They get resolved by the parties on each side negotiating and coming to a mutually-satisfactory settlement.
Sometimes, however, the people involved can’t come to an agreement. The negotiations hit a wall. What happens then? There’s still an option before going to court, and that’s third-party mediation. Learn what mediation is in an injury case, how the parties come together to resolve negotiations, and how a personal injury lawyer is vital to the process.
What Is Mediation?
Sometimes during legal negotiations, the parties on each side can’t agree on an acceptable middle-ground. One or both sides are too stubborn to come down from their current place, can’t see the other side’s point of view, or for whatever reason, negotiations stall. In the past when this happened, the only option was a long, stressful and expensive court trial.
Now, however, a third option is gaining popularity and that’s mediation. In mediation, a neutral but trained third-party who may be a judge, attorney or another qualified individual, sit down with both sides to help them overcome their differences and reach the settlement they both seek.
How Does Mediation Work?
The process of mediation is relatively straightforward. All parties must first agree that it is the best way to proceed and select a mediator. Then, everyone involved sits down with the mediator and states their case. Following this, the mediator sits down privately with each party, alone, where they can tell their side of the story without the opposition hearing.
Finally, everyone comes together once more and the mediator tries to overcome the sticking points, enabling negotiations to proceed. During this stage, the mediator may not reveal what was said during private conversations but may make use of that knowledge in their guidance.
The Advantages of Mediation
There are a number of advantages to the mediation process. The first is that all parties deal directly with one another. This forces a human face to be put on the issues, rather than them being a case of simple numbers. Secondly, it forces the insurance company to give special attention to the case under mediation, increasing the odds of a successful resolution.
Next, it saves money. While mediation isn’t free, it can often be cheaper than long and drawn-out traditional court proceedings. Finally, it leaves the decision in the hands of the involved parties, whereas if you go to court, a judge is going to make the final call.
How a Personal Injury Lawyer Helps
There are several ways a personal injury lawyer helps in meditation. First, some mediators are trained injury attorneys, which gives them a unique perspective on the case at hand. However, even if your mediator isn’t an attorney, having an attorney can help you better articulate and demonstrate your case.People who have experienced injury lawyers in their corner are much more likely to receive a solid settlement. If you’re in need of representation in your Lubbock area injury case, call the attorneys at Tormey & McConnell for a free consultation and help today!