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Personal Injury 101: Mediations

Personal Injury 101: Mediations

What is a mediation?

A mediation is an informal attempt to settle your case. A neutral third-party, called a mediator, will communicate with both parties in an objective way to promote settlement. It is a voluntary procedure that occurs quite often in the personal injury and workers’ compensation realm. Since it is not a required procedure, both parties must agree to mediation. It may occur at any point during your case. This could be prior to a formal lawsuit or prior to trial. 

What happens at a mediation?

At mediation, you have the chance to voice your opinion. You may express your thoughts and feelings, and whether you think any settlement offer is fair. Your attorney will be present with you and will advise you along the way.

Who is the mediator?

After both sides have agreed to mediate the case, they will also both agree on who to select as mediator. The mediator will listen to both sides and will provide each side with his or her thoughts and judgment.

Although lawyers act as mediators, mediators do not always have to be lawyers. However, it may be important to select a mediator with experience in dealing with claims similar to yours.

Why should I mediate my case?

There are many reasons why a case may be appropriate for mediation. One of these reasons is to hear from a neutral party that has no interest in the outcome of the case. This neutral party (mediator) will provide their thoughts and help the interested parties understand one another. Another reason to mediate would be to save on expenses for both parties. Mediations can be an inexpensive alternative to formal trial, which are often very expensive. 

What should I do before a mediation?

Your attorney will provide the mediator with evidence and materials to support your case before the mediation. There is no special preparation you need to do before your mediation. However, it is important that you attend the mediation and plan the rest of your day accordingly as mediations may last several hours.

What happens after a mediation?

The procedures that follow a mediation will depend. There is no one answer, and every case is different. You may or may not settle your case at mediation, and procedures that follow should be discussed with your attorney.

Mediations can be confusing, and you may have many questions. It is important to contact an attorney to help you navigate the process as smoothly as possible.

If you or your loved one has been injured, please call Aaron Ferguson Law at (651) 493-0426 to schedule a free consultation with one of our talented attorneys. 

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