The Role of Mediation In A Personal Injury Claim

In the past, the legal system has guided the injured victims of an accident towards utilization of a confrontational approach to the resolution of disputes. Now, though, students attending law schools devote time to learning a good deal about mediation.

What is mediation?

Mediation provides those that have files a personal injury claim with a different means for resolving the injury-related dispute. During a mediation session, the opposing parties sit with a 3rd party, the mediator. Both sides must agree on a settlement, if the mediator hopes to complete his or her job in a satisfactory fashion.

What are the primary features of a mediation session?

There are 3 parts. During the first part, the two sides speak with each other in the presence of the mediator. Then, in the second phase, each side gets to enjoy a separate meeting with the mediator. Finally, in the final phase, the two sides discuss their views on how to proceed, based on what each has learned from the disputant-mediator meeting. The mediator cannot make any suggestions. The mediator can only seek to put a spotlight on the views of the other side.

If there is an impasse when negotiating with the insurance company, mediation is the only way to move forward. There are some advantages of getting mediation in the settlement of a personal injury claim. Personal injury lawyer in Oakville knows that it allows you to get into a discussion with the at-fault party, without the arguments.

There are no extra documents needed and only the ones used in the claim process are used. Mediator uses techniques to break the current deadlock between the defendant and plaintiff so that a settlement can be reached. This is still a much cheaper way of reaching a settlement than a long-drawn process of trial within the court.

How do the 2 parties benefit from participation in a non-confrontational effort at resolving their dispute?

Nothing that has been said by either party, during any of the session’s phases can be used later, in the event that the case must eventually get litigated in court. This differs from discovery, where anything said can become grounds for a question, as the various witnesses testify. Both sides must agree to the settlement. The settlement’s terms do not get imposed on one party by a judge, or by the opposing party. The chances for a resolution increases, if any future procedures must be pursued, in an effort to resolve the dispute.

Possible drawbacks

It costs a lot of money to hire a professional mediator. Some mediators serve on a voluntary basis, but not all members of the public live in proximity to such volunteers. Both sides must agree to meet with the mediator. Not all insurance adjusters agree to such a plan.

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