As your personal injury case begins to reach its conclusion, it doesn’t always mean a trial. While your case can resolve at any point during the process, there’s a point after discovery but before trial where we’ll meet with the other side for what’s called “mediation.” If you reach that point, your case may very well end that day. Regardless of what happens, though, we’ll be by your side. Contact us for a free consultation today if you’d like to learn more about the legal process.
Will My Personal Injury Case Settle at Mediation?
Like our video says, mediation is one of the best chances you have at settling your case before you go to trial. Mediation in a personal injury case is sometimes necessary–even required by some judges–to avoid the time and costs associated with a full trial. Specifically, though, it’s a formal meeting where both sides meet under the direction of a neutral third-party mediator. The mediator guides the meeting, hearing evidence and offers from both sides. The mediator encourages both sides to make certain concessions and helps everyone find common ground in order to settle the case. However, even with a mediator, there’s no sure way to tell if your case will settle. The goal, obviously, is to get you a fair settlement. The main benefit of mediation is that you’re somewhat in control of the outcome.Why is Mediation a Better Option Than Trial?
In a personal injury case, it’s always in your best interest to avoid risks. While a trial might seem like a good idea, it’s also a huge risk. Even with the strongest possible case, it’s very difficult to predict how a jury will react. That can lead to verdicts that leave you with less than you may have gotten with a settlement offer before trial. Even though this is probably the biggest reason mediation is a better option than trial, there’s other benefits:- Faster resolution – Mediation can help resolve your case more quickly. Trials can take months or even years, while mediation often leads to a settlement in just a few sessions.
- Lower costs – Mediation is much cheaper than a full trial. Trials involve court fees, expert witnesses, and other costs that add up quickly on top of your other expenses, whereas mediation is a more cost-effective way to reach a settlement.
- Less stress – Going to trial is extremely stressful and emotionally draining. Mediation is less formal, and the process is more relaxed and cooperative, making it easier on you.
- More control – In mediation, you have more say over the outcome. You and the other side work together to agree on a settlement, whereas in a trial, a judge or jury makes the final decision. And this might leave you with nothing.
- Privacy – Mediation is private, so the details of your case and settlement are kept confidential. In contrast, trials are public, and court proceedings and outcomes are part of the public record.
