When you or a family member is involved in a car accident, you may be wondering if it’s really necessary to hire an auto accident lawyer. The damages may be low or you have always enjoyed the law, hence would like to handle the case yourself. The lawyer may encourage a car accident mediation; the opportunity to resolve the lawsuit without having to go to court. The mediation process is always confidential, a voluntary method to resolve the car accident involving an independent party (third party).
In most cases, the mediation process is the best option to resolve the car accident lawsuit prior to court.
Why mediation of my car accident case?
Instead of using a judge or the jury, a third party agreed upon by your auto accident lawyers to acts as a mediator in facilitates discussion between the parties. In rare cases the mediation may fail to resolve the dispute, there are other alternative dispute resolution forms including arbitration, binding arbitration or some sort of hybrid involving mediation and arbitration.
It’s meditation that is mostly used in resolving car accident cases, semi-truck accident and motorcycle accident cases or involving personal injury.
Where does the mediation take place?
You and the other party present the case to the mediator in the presence of your lawyers. You need to physically discuss the details of the mediation process with your attorney weeks before the mediation to prepare. Coming into mediation you need to learn:
- The benefits of a mediated settlement
- Process that takes place at the mediation
- The expected range of values
- Negotiation strategy to use
- Role of the client will play in the mediation
This entail preparing a brief, including the cost of damages and desired settlement demands, which is made available to the parties and the mediator prior the mediation takes place. The parties and the mediator will have full knowledge of the main issue of the case and what the negotiation will factor around.
Mediation takes place toward the end of the lawsuit when the written discovery has been completed, your deposition is taken by the defense auto accident attorney, and you have taken the defendant’s deposition. At this stage is easy to determine the value of the case.
What happen at mediation and the role of car accident attorney?
Both parties and their attorney will meet at the mediator’s office. Usually, the parties are placed in different rooms where how the process works is elaborated. The mediator will ask questions about the accident, the personal injuries, treatment, and the expected settlement.
The negotiating begins once the initial meeting concludes where both parties will try to come to terms with the settlement. Along the way, the mediator will explain his/her views of the case to each party, including the strengths and weakness and tries to advice on the settlement.
The mediation process is non-binding and the parties can leave at any time, but if the agree to a settlement, there will be forms to fill out and sign.
Lastly, if the mediation process is unsuccessful, the parties won’t lose their rights and they will move to litigation. The cost of the mediation n is shared by the parties where you will later pay your auto accident attorney although mediation is less expensive but effective option to lawsuits and always confidential.