What Is Mediation?
Approximately only 3 percent of all personal injury cases go to trial. Most lawsuits are settled outside of court through negotiation or alternative dispute resolution. One of the most common types of alternative dispute resolution is called mediation. Mediation is a voluntary process where the plaintiff and defendant meet with a neutral third party called a mediator. The mediator, often a retired judge or attorney with vast experience and knowledge in personal injury litigation, tries to help both sides reach a mutually agreeable settlement.
What Takes Place During Mediation?
Before the mediation, lawyers from each party provide case briefs for the mediator to read and present to the opposing side. At the mediation, both parties have an equal opportunity to reveal evidence and make statements regarding their respective versions of the accident. The mediator also facilitates dialog between the plaintiff and defense attorneys. After the parties discuss the case, the mediator separates the parties into different rooms and speaks to them in private. In an attempt to arrive at a common understanding, the mediator will repeatedly go back and forth between the plaintiff and defendant’s rooms.