In the case of a personal injury, you can obtain compensation. However, this may not always be an easy process as your insurance company may reject your claim. In such cases, you may need to opt for a personal injury mediation and negotiate a settlement.
Although you are allowed to represent yourself in court, legal procedures are complicated to understand. One error from your side can cost you your entire compensation. Therefore, it is a wise choice to speak with injury attorneys Huntington Beach to make sure you stay right on track.
What Is A Personal Injury Mediation?
Mediation refers to a process where both the plaintiff and the defendant choose a neutral third person or “mediator” to resolve their dispute and negotiate a settlement. The mediator listens and understands both sides and produces a solution that works in favor of both parties.
What Happens At A Mediation?
Mediation can be thought of as a private conference between the opposite parties. This process takes place before their scheduled trial and outside a court. When you agree on mediation, your attorneys will likely set a date, time, and place to meet and discuss things.
The mediation will only start when the plaintiff, the defendant, both of their attorneys, and the mediator are in the same room. The plaintiff’s attorney will begin by putting their arguments and settlement demands on the table. Then, the defendant’s attorney may point out the things in your claim that they disagree with.
After this, both the parties will be separated and seated in different rooms. The mediator will ask questions to both parties and discuss the situations individually. They will speak with the plaintiff’s and the defendant’s party separately to get their perspectives on the matter.
The mediator may have to go forth and back multiple times during this process until they come up with a solution.
Your Mediation Is Done. Now What?
The scope of mediation is to settle cases without going to court. Although your mediator can suggest ways to agree on a settlement, they cannot force you to not go to trial. If either or both parties are unsatisfied with the mediator’s decision, you can take your case to court.
At court, both parties will be required to present their legal arguments, evidence, and witnesses. Your individual attorneys will put forward your best defense, and either the jury or the judge will make the final decision.
Is Mediation Worth It?
Since mediation is just a neutral third party giving you suggestions, one may not think of it as a solution. However, you can be surprised at how a mediator may be able to help settle your case without going through the hassles of legal proceedings. While a positive outcome is not guaranteed, mediation is still worth a shot.
