Imagine you have a personal injury claim in California and don’t want to go through a legal process. In that case, you may want to consider mediation. It can be more efficient and preferred to settle the case outside of court. Sometimes, a judge may even refer a case for mediation during the litigation process. Mediation can be conducted before or after the litigation to settle personal injury cases to both parties’ satisfaction.
How Does Mediation Work In A Lawsuit? The 5 Steps to Mediation:
- Preliminary stage:
The injured person should sit down with their personal injury attorney to discuss the mediation process and prepare for it. They must decide on the minimum settlement amount that the plaintiff will accept with the lawyer’s guidance. During the mediation process, you can expect to see the defendant, the representative of the insurer, the attorney, and the mediator at the agreed-upon venue. However, the defendant may or may not be present as the insurance company negotiates the settlement.
- The Problem Statement:
At the beginning of the mediation session, the mediator introduces themselves and explains their role, the mediation process, and its protocol to all present. If provided with pre-mediation documents, the mediator may also provide a statement. Attorneys representing both sides will usually make statements to argue their case. These statements should include the main demand and its supporting reasons. All parties and their representatives must listen carefully to what the other party is saying.
- Gathering Information:
If the mediator has not been provided with the relevant information from the parties before the mediation process started, they will gather proofs and evidence to better understand the case.
- Problem Identification:
Based on the facts and information provided, the mediator will try to determine the root cause of the conflict and identify the key issues that need to be resolved.
The two parties will then be taken into separate rooms. The mediator moves back and forth between the two rooms, asking both parties questions and facilitating negotiations. The mediator’s goal is to reach a compromise that both parties can agree on. The mediator may propose a settlement they feel is appropriate and then ask the parties to modify the proposal until both sides agree. If the parties do reach a settlement, the mediator will ask them to amend the proposal until they agree on the final terms.
Mediation offers a more collaborative approach to resolving personal injury disputes and can often lead to a satisfactory resolution for both parties without the need for lengthy court proceedings.
This article was written by Alla Tenina. Alla is one of the best tax attorneys in Los Angeles California, and the founder of Tenina Law. She has experience in bankruptcies, real estate planning, and complex tax matters. Click here for more information. The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only. Information on this website may not constitute the most up-to-date legal or other information. This website contains links to other third-party websites. Such links are only for the convenience of the reader, user or browser; the ABA and its members do not recommend or endorse the contents of the third-party sites.