The Role of Mediation in Personal Injury Cases

Whether an auto accident, a big-rig collision, a motorcycle mishap, a slip and fall, a dog bite, or a workplace accident, your personal injury claim against a person or company can be resolved in several different ways.

Negotiations generally involve lawyers for both sides, but the insurance company for the at-fault party often wants to undervalue your claim.

Going to trial is an expensive process with no sure win guaranteed. So, the next step to averting a trial may involve mediation.

This alternative dispute resolution (ADR) method attempts to resolve an outstanding legal dispute.  

Mediation

You may be familiar with mediation, which is often associated with family court issues. Both sides sit down to resolve alimony, child support, custody, and the division of assets.

Mediation is increasingly being used in personal injury lawsuits.

The court can designate or appoint a professional mediator, often an attorney, registered with the Alabama Center for Dispute Resolution. As a neutral third party, the mediator will listen to both sides of the case, prepared by each side’s attorney.

Your lawyer will present the events of the case, much like what would be presented at trial. The other side will tell the mediator why they believe they are not at fault and not liable to pay the costs associated with the other side’s injuries.

The mediator has no authority to mandate an agreement, and they cannot conclude who is the at-fault party. The mediator can point out the strength or weaknesses of a case, which may lead to a settlement.

Ultimately, if the mediator can help both sides reach an agreement, everyone has saved time, aggravation, and money by averting a trial. If no agreement is reached, the defendant and plaintiff prepare for trial, the outcome of which is never certain.

If both sides agree to a settlement, the mediator will prepare the settlement papers to end the matter. The defendant’s insurer will pay the compensation, and you agree to cease any further claims concerning the case.

The plaintiff may feel more independent when dealing with a mediator because they do not have to follow what the mediator suggests. At trial, you are bound to follow the court’s decision or appeal the case.

Mediation is done outside of open court and can be kept private. It can be conducted before filing the lawsuit, before trial, or even after trial, but before an appeal is filed.

After Mediation

If your mediation is unsuccessful, there are other methods of resolution.

• You may want to change the mediator because a new person might jumpstart more positive negotiations.
  
  
• You may want to move toward trial.
  
  
• Alternatively, your attorney may want to negotiate independently with the insurance defense attorney.
  
  
• Arbitration is another way to address an impasse. After both parties choose a certified arbitrator, they can work toward a resolution. With arbitration, in some cases, the outcome is legally binding.

Your Alabama Personal Injury Attorney

One advantage of mediation is that it takes a fraction of the time of a trial. Trials involve getting on a court schedule, and months or years can pass before your case is seen by a judge.  

Mediation can also revive a dormant injury claim that has received little attention from insurers.

The time it takes to mediate can be as little as a day or a month. Unlike a court case, everything discussed at mediation is confidential. If mediation is unsuccessful, you can still go to trial later.

No matter how your personal injury claim is resolved, you will need the help of an experienced personal injury attorney in order to maximize your settlement amount. In addition, you have two years from any accident in Alabama to file your claim.

With insurance companies having some advantage in Alabama with the comparative negligence rule, Attorney Chip Nix understands how to advocate for your rights and interests.

During your complimentary consultation, Mr. Nix will discuss all of the evidence of your case, its strengths, and weaknesses. He can help you decide whether trial, mediation, or arbitration will be your best choice moving forward and the advantages and disadvantages of each.

Call Chip Nix, Attorney at Law, at (334) 279-7770 to find out how he can help you move forward with the compensation you deserve.

Sources:

Alabama Center for Dispute Resolution
https://www.alabamaadr.org/web/CourtADR/Court_Civil.php