Mediation is an attempt from both sides to come to a settlement agreement. It is an option in most civil cases and frequently comes up in personal injury cases. Many courts require that the parties mediate prior to trying the case. Other times, the opposing parties opt for mediation on their own and attempt to settle the case before trial.
There are many benefits of mediation. Speak to a seasoned attorney to learn about the role of mediation in Fort Worth pedestrian accident cases. A knowledgeable pedestrian accident lawyer could review the facts of the case and help you seek compensation for your damages.
The Use of a Mediator
Mediation is an attempt to settle an agreement on an issue. While the process is unique and may differ slightly depending on the mediator, mediation is more informal than a court proceeding. Frequently, there is an introductory meeting with both parties and their attorneys, where the mediator explains how the process works.
A mediator is a neutral third party who facilitates the discussion between the two parties to attempt to come to an agreement. Retired judges and lawyers are often mediators.
Sometimes, the parties are divided up from the beginning, and the opposing parties never see each other. Mediation is an opportunity for both sides to explain the issues, negotiate, and attempt to resolve them. It allows the mediator, who is a neutral third party, to ask questions and hone in on to clearly define the issues. This usually involves one-on-one sessions with the mediator in each party.
A mediator may bring the parties back together to review the final resolution or sign an agreement. The mediator may draft an agreement based on their individual discussions with each party and submit the draft to each party. Sometimes, it may take multiple days or weeks in trial, or it can be resolved in a single day of mediation or even a few hours.
For a free legal consultation, call (817) 775-5364
Benefits Of Mediation
Mediation could lead to a successful settlement, which keeps the case from moving to trial. A trial is stressful, so preventing that saves time. The mediator has no power to impose a decision when the parties do not agree to settle the case. The mediator helps reach an agreement by focusing on the key issues in the case, exchanging information between the parties, and exploring options for settlement.
The benefits of mediation are:
- Rapid settlements
- Mutually satisfactory outcomes
- Customized agreements
Mediation brings people who are in conflict together with a neutral mediator who assists in reaching a voluntary agreement without going to trial. The mediator helps clarify the issues, considers the options, and reaches a workable settlement that is acceptable to both parties.
How Do Insurance Companies Approach Mediation?
Insurance companies try to deny, delay and defend. They frequently do not send their adjusters to the mediation, which could be perceived as an unwillingness on their part to reach a resolution. Insurance companies are not necessarily willing to give all they can as far as a settlement amount at mediation. Often, mediation is unsuccessful based on their approach. However, it could be the plaintiff’s approach, but there are positives and negatives.
The approach from the attorney’s side is to get the demand package together and review the damages, including medical. They go to mediation with an open mind and try to get the maximum settlement amount for their clients.
It is important for both the injury attorney and the insurance company to keep an open mind going in and know that a win for both sides is a successful agreement. The case usually resolves with neither side being happy. That is usually a successful mediation when neither side is satisfied, and a deal is reached.
Click to contact our personal injury lawyers today
Schedule a Consultation with a Pedestrian Accident Attorney Today
The most important thing that could happen at mediation is a successful resolution of the issue and involves negotiations by both sides. Those who have been injured due to the negligence of another should seek help from a diligent pedestrian accident lawyer. The lawyers could help determine whether a dispute is appropriate for mediation, when it may be most effective, and what type of mediator is needed. A variety of processes can be employed at different times in the progress of a dispute.
Call today to learn about the role of mediation in pedestrian accident cases.
Call (817) 775-5364 or complete a Free Case Evaluation form
