Do most personal injury cases settle at mediation?
Most personal injury cases settle outside of the courtroom, through either a pre-trial settlement or mediation. Sometimes it is possible for the parties involved to work out an arrangement without any assistance from a third party. But others choose to work with a mediator because they know it will make negotiations more efficient. Once a case goes to mediation, there is a good chance it will be resolved through the process and the parties involved will be able to reach a settlement.
How to prepare myself for a realistic outcome in mediation?
The best way to prepare for a realistic outcome is to understand and be prepared for the process of mediation itself. Mediation is about compromise and understanding that going to court does not help anyone. When you are able to negotiate in good faith in mediation, you save time, money, and other resources. Knowing what is realistic can help you make smart choices about negotiating. You and your attorney, if you are working with one, can review outcomes of similar cases and determine what to expect in your case.
What kind of personal injury cases are commonly disputed?
The most common types of personal injury cases involve vehicle accidents. This includes accidents involving cars, trucks, buses, motorcycles, bicycles, and pedestrians. Slip and fall claims, when a person steps on a slippery surface and falls, or falls because of some type of impediment or need for repair, are also common. Dog bites often trigger legal disputes. Personal injury claims can also be filed in response to medical malpractices or due to injuries from defective products.
What is the best way to solve personal injury disputes?
In most personal injury disputes, it is best to resolve the matter outside of the courtroom. Most tend to be settled in this manner, too. Though litigation is sometimes necessary, it is expensive and time-consuming. It typically tends to drain the resources of those involved and many find that had they been more open to negotiating a settlement, they would have saved time and money. Mediation also keeps personal injury disputes confidential, so private information does not become a matter of public record.
How do I remain objective during the mediation process?
Mediators must remain objective when conducting mediation. It can also help if the parties involved try to see the issue objectively, even though they have an interest at stake. To remain objective, you need to see things from all sides and understand what everyone involved would have to give up in order to reach a settlement. The key to a successful mediation is being able to discuss the issues with respect, which requires a certain level of objectivity.