Headed into mediation for personal injury or thinking about using it as an alternative to litigation? This could be a wise choice if you think that you and the other party can address your issues outside of the courtroom effectively. Many people find that mediation allows them to have a faster conclusion to the case that is also less costly.
In mediation, you'll work with a neutral third party known as the "mediator." This person could be an attorney or it could be another professional who has some kind of background in a related field. You will meet with the mediator, the other involved party, and attorneys, if you have them. During this process you will present your best arguments and evidence for your side of the story.
The role of a mediator is to help guide the conversation and untangle any outstanding issues. During this time, you may find that compromising is a good step towards getting the outcome that you want fairly and expediently. If you are able to come to settlement terms with the other party, a consent order will be generated. If you are not able to settle in mediation, the case will proceed to trial.
Mediation can happen at any time after a claim has been raised by one party. This includes before a formal suit has been filed. For the most part, though, personal injury mediation happens after the plaintiff files an official suit and both sides have had the opportunity to review initial evidence and materials. If you enter the mediation process too early, however, you might not get the results you are hoping for if you and the other party have not had the proper time to review case materials and come prepared to compromise.
The mediator will kick off the session with an explanation of his or her ground rules and an overview of how the process will work. You and the other party will both be given the opportunity to make opening statements. After these opening statements have been made on both sides, the mediator might split you into two different rooms to talk about the strengths and weaknesses of your case. This is done in order to help you and the other party come to a final dollar amount agreement. The mediator may shuttle back and forth between rooms to do this and help you arrive at a settlement.
If you have any questions about personal injury mediation, please call John Powell III at 281-870-2053 and schedule a free 30-minute consultation. John is based in Pearland, Texas and has helped many people resolve their conflicts amicably with less expense & time. Visit http://www.powellfirm.com for more information.