Should I Pursue Mediation in My Personal Injury Case?

Civil disputes have a range of outcomes — and they don’t always have to end in the courtroom. 

One of the most informal and straightforward methods of reaching an agreement that satisfies both parties is mediation, a process that brings each party together and introduces a third neutral party who encourages compromise and offers recommendations without bias. It removes the need for courtroom litigation and other legal events, which makes it significantly cheaper and an attractive option prior to seeking further legal action.

Although more relaxed, many people choose to bring an attorney to their mediation date. Doing so not only helps if mediation fails, but it also gives you someone who can brief you on what you’re walking into. For more information about legal representation in your situation, complete our free, no-risk case evaluation to speak with our team.

Who Acts as a Mediator During a Legal Mediation?

A qualified mediator is a specially trained individual hired to oversee a dispute and act as a neutral third party to reach an agreement. They offer recommendations, expose inconsistencies in arguments for truth purposes, and advocate for a compromise.

The employment decision is something that both parties must agree on. If no agreement can be made, then mediation likely won’t be an option, and you’ll need to pursue further legal action to end the dispute.

The price to hire a mediator varies from location to location but ranges from $100 to $300 per session. Multiple sessions may be needed to reach a successful outcome, though, so the total bill could be thousands of dollars. Still, this cost is much less than the price of a drawn-out legal trial.

What Does a Legal Mediation Look Like?

Both parties (and their attorneys, if included) meet at an agreed-upon location with an agreed-upon mediator and attempt to resolve their dispute. This can take days or several weeks but doesn’t last nearly as long as a full trial.

Witnesses may be present under the right circumstances. Court reporters, support staff, and multiple neutral third parties aren’t necessary, which keeps costs and the need for formal arrangements low.

Why Should Someone Seek Mediation Before a Personal Injury Case?

The opportunity to reach a fair agreement isn’t always within reach, but that doesn’t mean that attempting to seek one isn’t in your best interest. Here are a few of the most notable benefits of seeking mediation before a personal injury case:

• Less expensive overall
• Faster resolution for both parties
• Less confrontational
• No need for extensive documentation, deadlines, or legal formalities

What Happens if Personal Injury Mediation Fails?

Mediation doesn’t guarantee an agreement. It’s possible that neither party can agree on a fair outcome, and further legal action is necessary to resolve the dispute. In these cases, it’s recommended to retain experienced legal counsel for the subsequent steps.

Unlike the mediation process, personal injury trials are intensive and require legal knowledge to navigate. You’ll need to meet deadlines, present your case in an adequate manner, and form counter-arguments to defend your position. All of this is difficult, to say the least, but having an attorney by your side streamlines the journey from beginning to end.

Before or After Mediation, Contact Morgan and Morgan

While worthwhile to attempt, mediation doesn’t always mean you’re able to walk away from the incident, having reached an agreeable outcome. Either you or the other party(s) can refuse to settle on the offered terms, and further legal action will be needed in order to decide the result. 

You’ll need an attorney to position yourself for the best results — and a good one. They’ll need trial experience, a track record of success, and the legal background to solve challenges before they become an issue, like those from Morgan and Morgan.

With over $15 billion recovered across all our practice areas, no upfront costs, and an extensive track record of reaching successful outcomes when the odds seemed grim, it’s easy to see which firm is the right choice for anyone seeking a powerful legal partner after an accident. Complete our free, no-risk case evaluation to get started with our team.