Mediation continues to grow in popularity. Although mostly associated with family law disputes, mediation in personal injury cases is also possible. The purpose of mediation is to help people with legal disputes settle their differences so that they can avoid going to trial.
To discuss personal injury mediation, contact Ryan & Rouse today. We are an established law firm that has negotiated many high-dollar settlements for our clients. Our team of Huntsville personal injury lawyers knows how to negotiate on behalf of injured victims, and we credit our experience for winning some of the hardest cases around.
According to the Alabama Center for Dispute Resolution, more than 80% of non-family law mediated cases manage to settle. Our firm can walk you through the mediation process and prepare you for the experience. We can also attend and sit by your side during any mediation session.
What is the Focus of Personal Injury Mediation in Alabama?
Mediation takes place before a mediator. This person has specialized training in helping people settle legal disputes. The mediator isn’t a judge. They don’t decide which side is “right,” and they don’t declare a winner. Instead, the focus on mediation is helping each side listen to each other and find common ground to resolve a dispute.
In personal injury cases, the dispute mostly revolves around the issue of fault and how much financial compensation the victim deserves. The key factual dispute involves who is legally liable for the accident and your injuries. Each side will probably describe to the mediator what they remember about the accident, and memories often differ.
The other dispute involves how much the claim is worth. The defendant (and their insurance company) might agree they are at fault, but they don’t think your claim is worth as much as you do. The focus could be on the severity of your injuries, as well as the intensity of your pain. They might even claim you aren’t seriously hurt.
Getting Started with Personal Injury Mediation
Before you actually have a mediation session, the mediator will probably request background information about the dispute. This serves several purposes. It gets the mediator up to speed on the basic facts and the sticking points that prevent each side from settling the case. The mediator can also judge how each side sees the dispute. Both sides might be very far apart on how they remember an accident.
You might receive a letter from the mediator requesting information, or you could have a phone call with them. If you have a lawyer, they will be closely involved in mediation, and they can provide the mediator with evidence.
What Happens in Mediation?
Generally, mediation will take place in a conference room. The mediator might be a former judge or a current lawyer. Each side can show up with their lawyer in tow.
You probably will begin by discussing the dispute with the mediator. This is a chance to listen to the other side, not argue. Also, you are not trying to convince the mediator to see the case the way you would try to convince a judge. Remember, you don’t “win” mediation.
After listening to both sides, the mediator can share how they see the dispute. If you can’t settle, then you’ll end up going to trial. The mediator might share their perspective on the strength of the evidence.
Mediation is not a therapy session, and there is little to be gained from venting about how unreasonable the defendant is being. You might be frustrated that the defendant and their insurance company have not agreed to settle the case, which is normal. But mediation can get off track if you are sarcastic or start verbally attacking the defendant.
Mediation also usually includes caucusing. Each side will go into separate rooms, and the mediator will shuffle back and forth. Caucusing allows the mediator to talk more frankly with each side. The mediator might share whether they think the other side is close to agreeing with you, or what it will take to finally settle the case.
Who Wins in Mediation?
There is no winner. Any proposed settlement must be voluntarily adopted by both sides. For example, the mediator might think you are requesting too much compensation based on your injuries. The mediator suggests you settle for less than you want. You can agree to that suggestion, but you don’t have to. Mediation is voluntary in that respect.
You should have a Huntsville personal injury lawyer attend mediation with you. They can help you understand whether a proposal is a good deal or if you are better off going to trial.
How to Get the Most Out of Mediation
Mediation does not work for everyone; based on statistics, about 1 out of 5 civil cases do not settle. You can then continue to negotiate or prepare for trial.
We recommend the following:
- Work with a lawyer. A lawyer will help you analyze the fairness of a proposed settlement. For example, your evidence of fault might be weak. Or there’s evidence you were not being as careful as you should have been behind the wheel when another driver hit you. Settling for less than you want might be better than running the risk of losing at trial.
- Go in with an open mind. Mediation requires being flexible. If you enter the conference room resigned to mediation failing, then you will probably walk out unhappy.
- Really listen. You might not know why the other side doesn’t want to settle for the amount you requested. People learn a lot in mediation about how the other side sees the dispute.
- Realize your objective is not to “win.” The mediator doesn’t declare a winner or loser. And even if they think your case is weak, that’s only the mediator’s opinion.
Speak with a Huntsville Personal Injury Lawyer Today
Ryan & Rouse opened with the goal of protecting accident victims in the 35801 zip code and nearby communities. Call our office to schedule a consultation. We can discuss the place of mediation in personal injury settlement negotiations and answer any questions you have.