When Is Personal Injury Mediation Considered?

“At the Kahler Law Firm, its about protecting our clients’ best interests each and every step of the way.”

Where personal injury has occurred as a result of the improper actions of another person, the guilty party is responsible to pay for damages suffered. The insurance company of the guilty party, also known as the defendant, usually covers financial re-reimbursement. This financial compensation is meant to help the injured person or their family regain a state of wholeness, as close as possible as before the injury occurred. If personal injuries suffered were serious and life altering, the amount required could add up to sums of many thousands or millions of dollars. Traditionally disputes regarding payout have been handled in court. With new forms of alternative dispute resolution available, in some situations mediation may be the preferred choice.

What is personal injury mediation?

Mediation is a form of ADR or alternative dispute resolution used to settle a variety of disagreements including personal injury accident disputes. When court is the first resort, the case can continue for a long time before settling with no guarantee of success. In some cases, mediation can be an efficient and effective strategy allowing our lawyers to weigh out the strength of the opposing counsels case. In some municipalities mediation is a pre-requisit to before entering into the “in court” litigation process. In spite of mediation efforts, the parties may fail to reach mutual agreement, and court may still be the final resort. When this occurs, the work done and the inroads made toward settlement, is usually not lost and settlement may be reached more quickly.

What does the mediator do?

A personal injury mediator is an impartial third party professional with training in mediation techniques. The mediator function is to help the parties find a mutually suitable resolution to their differences. He or she cannot offer personal opinions or legal counsel on the case. The mediator will speak with each party and their counsel in private, and as a group. What happens in mediation is confidential and cannot shared with others or presented as evidence during trial.

Why might my lawyer choose the mediation process?

Mediation can encourage the parties to reach settlement and avoid a lengthy trial. It allows both parties to have input and greater influence over the outcome than they otherwise would. Both sides must agree to the meditation process and be open to communication. In mediation, the parties create their own acceptable solutions and discuss back and forth in an attempt to find one that is mutually beneficial. They can accept or refuse suggested resolutions. Even in cases where mediation does not end in settlement, the greater understanding created by the mediation process, may eventually result in a satisfactory settlement offer in the months that follow.

What are benefits of mediation in my personal injury case?

• Mediation may result in a more timely settlement compared with the option of court.
• The conflicting parties have an opportunity to settle their differences in a way agreeable to both. If trial is necessary the outcome is decided based on the law, past precedence, the evidence and court proceedings.
• If mediation fails to result in settlement, court is still an option.

What will my lawyer do?

It is important to know what kinds of costs and possible complications could arise from your injury. The mediator will not offer legal counsel or try to influence your decision to accept or reject a settlement offer. Our experienced personal injury lawyers may discuss your rights to compensation pain and suffering, medical costs, loss of income caused by the injury, possible complications and long-term disabilities involved. We will counsel on the amount of financial re-reimbursement necessary for similar situations, based on past precedence in court. We can help decide on appropriate settlement offers, review, and make recommendations on counter offers. Certain types of personal injury cases are better suited to mediation than others. The client’s injuries should be relatively stable, so that the impact the injury has on the person’s life can be better understood. Your personal injury lawyer will review the details of your case and counsel you on what is best for your particular situation and why.

Mediation is a simpler process but there are important things you should know:

Mediation is a give and take process where each party has the opportunity to explain his position and make suggestions for acceptable solutions. The process of mediation creates greater clarification of the issues involved from each others point of view. This increased understanding often helps the parties to find points of common agreement. More points of common accord will positively influence the likelihood of finding an agreeable settlement together. This means everyone can avoid the stress and expense of trial and the uncertainty of outcome decided by someone else.

An experienced personal injury lawyer will do a comprehensive examination of your situation and help decide whether or not mediation is the best choice. If the parties agree upon mediation, our personal injury lawyers ensure that we are well prepared throughout the process. We will review and offer guidance on settlement offers.

At the Kahler Law Firm, we protect our clients’ best interests every step of the way.

If you or someone you know has been injured due to the negligence actions of another person you may be legally able to claim for damages. The laws involved with serious injury claims are complicated. Legal time limits influence your rights to claim.

You may have many questions about whether or not you can make a valid claim. You may be wondering about personal injury mediation or other types of dispute resolution. To find out the answers to these and any other questions involving your particular situation – Call our Kahler personal injury lawyers for a no charge consultation. We work on a contingency basis, which means if we accept your case, we do not require payment until your claim has been settled. It is important to find out your rights as soon as possible after injury has occurred.

 Additional Information

Personal Injury Mediation. What Should I Expect?