Mediation And Your Personal Injury Case: How To Make The Mediation Process Successful
Posted on: 14 March 2018
If you have filed a personal injury lawsuit against another party, you may be asked to participate in mediation. Many courts are asking litigants to participate in mediation before heading to trial to lighten the load of these cases on the court system and for both parties to come to a faster resolution. While you are not required to go to mediation, and there is no guarantee of reaching a settlement in mediation, there are many benefits to participating. You may obtain a faster resolution, you get to play a role in your settlement, and the litigation costs are typically cheaper if you settle before trial. If you are heading to mediation, there are a few things you can do to help make mediation more successful for yourself. Here are three ways you can increase the chances of mediation being successful and an agreement being reached.
Allow the Other Party to Speak
When your personal injury case goes to trial, there are limits to what can be said and presented. You or your attorney can object is something is out of line or should not be brought up. But when it comes to mediation, the rules are more lax for what can be said. As such, it is easy to get defensive and what to interject, explain yourself or defend yourself. However, keep in mind that you or your attorney will also have the right to speak. To make mediation successful, allow the other party to speak. This prevents fighting and allows both sides to fully make their cases.
Be Willing to Negotiate
The second way to help make the mediation process more successful is to be willing to negotiate. One of the biggest mistakes you can make going into mediation is to go in with a set compensation number that you are unwilling to budge from. While it is smart to know what your case is worth, mediation is a negotiation of sorts. You will not get far if you are not willing to budge at least a little bit off of the amount that you want and be negotiate the terms of the settlement.
Set Aside the Whole Day
The last tip to help make the mediation process more successful is to be sure to set aside the whole day for the mediation process. While some mediation hearings are fast, others can take the whole day. The last thing you want is to have to cut mediation short when you are both nearing a resolution because you have to pick your kids up from school or have a doctors appointment. Set aside the whole day to allow the process to play out without any interruptions.
If you are looking to file a personal injury claim, be sure to consult with a personal injury attorney in your area. They can help you determine if mediation is right for you and guide you through that process, or help to take your case to trial. Call today to schedule a consultation.
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