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Why mediation is a good alternative to litigation

| Jul 13, 2021 | General Personal Injury |

As someone who has suffered a serious injury in a collision, you need to know that you’re going to be fairly compensated. You deserve to be treated with respect following the crash.

Unfortunately, some people, such as insurance agents or defendants in a personal injury case, may try to take advantage of you and get you to settle for less than you should. You should know that you can pursue litigation against these individuals and take your case all the way to trial, but mediation may be a good alternative.

Mediation in personal injury cases

Mediation is a form of alternative dispute resolution that may help you resolve your case outside of court. This could help you save time and get a settlement that is appropriate for your case much faster.

With mediation, there is a mediator who talks to you and the other party about how you’d like to resolve your case. Sometimes, mediation sessions involve both parties sitting down together, but if that’s not possible, a mediator may still be able to work with both parties separately.

What should you expect during mediation?

You should expect to have to compromise in mediation. If you have no intention of compromising, or if the other party won’t give you what you believe is fair, then you can decide to pursue litigation instead.

Usually, the majority of personal injury claims do end with a settlement after negotiations or mediation. You may receive low offers at first, but as you work with your legal support system, you’ll build a case with evidence that helps the other side see why you’re asking for the amount you are. The process may take some time, potentially multiple sessions.

Once you and the other party are able to come to an agreement on a settlement that you would be happy with, you can expect to be asked to sign legally binding paperwork. Until you sign that paperwork, nothing that happens in mediation is binding. If you refuse to sign, you can still take your dispute to court.

Mediation is a good alternative to litigation because it saves you time and helps both parties resolve the issue in an agreeable manner. However, it’s not right for everyone. Understand all your legal options before you decide if it’s right for you.

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