Generally, a personal injury refers to injury an individual suffers that affects the physical body and emotional state, but in the worst cases, it includes death. Some of the most common personal injuries happen as we go about our daily lives. These include road accidents, work mishaps, accidental falls, assault, medical negligence, and defective products.
When someone else is responsible for your injury, you should hire a lawyer to get compensation for what you are entitled to by law.
After you and your personal injury attorney assess the case together during the initial consultation, the attorney may suggest mediation as the best pathway to success. In other cases, the court suggests mediation.
What Is Mediation?
Mediation is an alternative dispute settlement process that involves a neutral third-party. The third-party mediator’s goal is to settle the matter without resorting to a trial.
Mediation comes with several benefits, as opposed to settling in court. Benefits may include a quicker resolution, more control over the outcome, lower fees, and more flexibility. It also helps parties maintain privacy and can be a much more peaceful process.
How Mediation Works in Personal Injury Cases
Mediation can be a great avenue for personal injury cases. When choosing mediation as your pathway to getting compensation for your injury, there are certain steps you need to take. Here’s what you can expect during each step in the mediation process.
Step 1: Liaise with your lawyer.
Your personal injury lawyer will begin preparing for the mediation process by explaining how it works and how it relates to your case. The lawyer will explain what you can expect during the mediation process, including defenses formed against you, the compensation you will ask for, and more.
There are many facts and intricacies that surround your case. You need to discuss and agree on all the details in your case before moving forward in mediation.
Step 2: The mediator makes introductions.
To begin, the mediator introduces every party seated. It is an ice breaker, and a way to get clear on everyone’s respective roles.
Step 3: Every party appends a signature on confidentiality documents.
After introductions, each party must sign a document that bars them from mentioning anything said during the mediation. This privacy agreement is a great benefit to mediation for both parties and can result in more peace throughout the process.
Step 4: Your lawyer makes an introductory statement.
As your representation, your lawyer makes an introductory statement on why your case is valid and includes the amount of compensation that you, the plaintiff, are asking for. Your lawyer will back up the claims with evidence, which can include recordings, pictures, videos, written testimonies, and more.
Step 5: The defense counsel counters the offer.
The defense counsel will revoke the claims of the plaintiff and proceed to either offer a significantly lower amount or question the validity of the arguments against them.
Step 6: Different parties break into groups.
At this juncture, parties separate and go into different rooms. It is the role of the mediator to go back and forth between the two parties, tabling offers and counteroffers made by each side.
These are the important steps of mediation. If everything pans out well, both parties will sign a document that states that an agreement has been made, and that’s the end of the case.
If things go south, negotiations may continue for a longer period, or the plaintiff might decide to seek redress in front of a jury.
Get the Best Mediation Outcome with Our Help
The difference between winning and losing your injury settlement case is hiring the help of a top-notch lawyer with a strong history of success in personal injury cases. Mike Rafi is your partner in getting the best outcome from mediation and seamlessly guiding you through the entire process.
As a lawyer who has helped personal injury clients recover more than $45 million, you can be confident that you are in great hands. Whether you’re seeking millions or hundreds of thousands in settlement compensation, you can trust our top personal injury law team to stand by you. We will aggressively fight for your justice and a better future past your injury.
Call Mike today at 404-800-1156 or get your free consultation by filling out our online form. We look forward to hearing from you!