Do You Need A Lawyer If Your Case Will Not Go To Trial?

Some adults feel ready to negotiate with the insurance company, after having become involved in a car accident. Still, a readiness to operate as one’s own negotiator does not guarantee possession of all the skills displayed by an expert negotiator.

Why it helps to have a lawyer on your side, during the period of time when you must negotiate with an insurance company.

Lawyers have done lots of negotiating in the past. That experience has allowed them to perfect the negotiator’s basic skills. For a Personal Injury Lawyer in Oakville, negotiating is part of that professional’s job. He or she can direct any available time or effort to the tasks that are related to settling the client’s case. If negotiations do not lead to a settlement, the client’s lawyer can arrange with the other party for the scheduling of a mediation session.

What is mediation?

Mediation provides 2 disputing parties with an alternative to the confrontations associated with a courtroom scene. If 2 parties have failed to settle their disagreements by using negotiations, the two of them can agree to meet with a mediator. Mediation can take place anywhere, as long as both of the opposing parities send a representative, someone that can meet with the mediator.

Mediators do not direct the direction taken by the representatives for one of the 2 opposing sides. Instead, it is the mediator’s job to function as a listener. The mediator listens to the arguments presented by each of the disputing parties.

During the first phase of mediation, both sides air their arguments before both the mediator and the members from the other side. Either side has the right to ask its chosen lawyer to present its argument.

During the second phase, the mediator speaks separately with a representative from each side. During the third phase, the mediator speaks with both sides, and urges them to reach an agreement. The mediator’s urgings should reflect his or her familiarity with the strong and weak points of the presented arguments.

Lawyers can be by a client’s side during any or every phase of the mediation process. Consequently, the lawyer has the ability to suggest the nature of the details offered to the mediator. Any one of those details might serve as the basis for an agreed-upon settlement.

Lawyers do not play a major role in the process of mediation. Yet even an experienced attorney feels grateful for the results of the mediation session. It can ensure a positive result in the absence of any contention.

Lawyers love to see a meeting between those that speak for one side, and those that appear to be of-one-mind. Mediators manage to achieve the sort of agreement that experienced lawyers have failed to obtain.

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