There are several ways you can try to resolve a car accident case. One is for your personal injury attorney to communicate directly with the insurance provider of the other party to try to negotiate a settlement. However, you may find that negotiations are more difficult than you expected, and your personal injury lawyer might recommend that you instead turn to mediation.
The Benefits of Mediation
Mediation is one of the most efficient ways to resolve a legal dispute because the process is facilitated by a third party. Normally, when you would be negotiating with the other party, you never know how many times your negotiation might go back and forth. With mediation, you will be able to resolve a legal dispute without the need to take your case to court.
You do not have to worry about the decision of the third-party being binding because you are allowed to terminate the mediation if you like. In contrast, if you take a case to court, if you are not happy with the outcome of the case, you may choose to appeal. However, if you do not appeal your case, the judgment will be binding.
Fortunately, the statements that you make in mediation are not admissible in court. Therefore, you will not have to worry about whether what you say will be used against you.
The Mediator
A mediator usually has knowledge of the law because the mediator is most often a retired judge or lawyer. The mediator allows you to understand the legal issues that you are facing and will also help you discuss a possible agreement. The mediator will also help you understand the possible consequences of the agreement. Therefore, both you and the other party will need to be careful as you try to decide who will be the best mediator.
The Brief
Before you go to the mediator, you will need to prepare a brief. This will contain both the arguments and the settlement demands. These briefs are given to the mediator so that he has more knowledge about the case.
Legal Representation
You are not required to have an attorney present when you settle your case through mediation. However, an attorney can help guide you through the process and also help you decide if it is a good idea to agree to a settlement. Then, you will be able to more effectively seek the maximum compensation for your injuries.
For more information about mediation or hiring a personal injury lawyer, contact a local law practice.
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