Mediation in a personal injury case is an alternative dispute resolution method involving an impartial third-party mediator. The mediator facilitates communication between the plaintiff and defendant in a lawsuit to help them reach a voluntary settlement agreement.
If you suffered an injury caused by negligence, mediation may be a good option for recovering personal injury compensation. A San Antonio personal injury lawyer can represent you throughout the process.
How Mediation Works
Many personal injury cases begin with an insurance claim. After filing a claim, an injured party’s lawyer will usually engage in direct negotiations with a liable party’s insurance company or legal representatives. If parties cannot reach a settlement agreement and want to proceed with a lawsuit, the court will often refer them to mediation before going to trial.
In mediation, an impartial, third-party mediator helps the plaintiff and defendant reach a voluntary settlement outside of court. However, the mediator cannot force either side to come to terms, and the involved parties can end mediation at any time without agreeing. If they do agree and sign an agreement, it is binding.
The Role of the Mediator
The role of a mediator is to facilitate communication between involved parties with the goal of helping them reach a settlement agreement. Mediators listen, ask questions, make recommendations, and relay messages between the plaintiff and defendant. A mediator may also offer advice and guidance.
Anything you say to a mediator is confidential. They cannot tell the opposing party anything you ask them to keep private.
Benefits of Mediation
Mediation can benefit injured parties by helping them avoid the time and expense of a drawn-out legal battle or trial. Mediation also allows parties to have a say in the resolution of their case rather than leaving it in the hands of a judge or jury.
In addition, mediated settlements usually remain private, whereas civil court judgments typically become a part of the public record.
What to Expect During Mediation
Mediation begins with all parties in the same room. The mediator will introduce everyone and review the rules and procedures for mediation. The attorneys for the plaintiff and defendant will then present their cases. During this time, it is vital that you remain calm, say nothing, and maintain a “poker face.” The defense will watch for your reaction and use it to determine whether you will take a low settlement offer or be a good witness if the case goes to trial.
After opening statements, parties separate for the rest of the mediation. The mediator will act as a go-between and help parties disclose information to one another and consider the benefits, risks, and alternative solutions that may be available. A mediator may not give professional or legal advice.
If the parties reach a settlement during mediation, they sign a binding agreement. If the parties cannot agree, the mediation will end, and the parties can proceed with legal action. Attorneys for the plaintiff and defendant will prepare for a trial.
When Mediation May Not Work
There are many reasons why mediation may not work, including when:
- Parties Are Inflexible –Mediation is meant to be a give-and-take. If one or both parties are inflexible, communication can quickly break down, and it can be challenging to come to terms that everyone can accept.
- Emotions Run High –When emotions run high and take control, parties may be unable to communicate effectively or think rationally through a settlement’s pros and cons.
- There Is a Lack of Information –If one party does not come prepared with the necessary evidence and documents, it can be difficult for the other party to understand the strengths and weaknesses of each side’s position, making it impossible to negotiate effectively.
- Parties Have Unrealistic Expectations –If parties enter into mediation with unrealistic expectations about the outcome, they may be dissatisfied with any agreement that gives them less than anticipated.
- The Mediator is Not Appropriate –According to the Texas Courts, mediators must remain impartial and free from conflicts of interest. If the mediator finds themselves unable to fulfill these obligations at any time during the mediation process, they should inform the parties and end the mediation.
Mediation vs. Arbitration
There are several differences between mediation vs. arbitration:
- Arbitration Is Usually Mandatory –Mediation is generally voluntary, while arbitration can be a requirement. If a judge orders arbitration, parties must participate and accept the outcome.
- Arbitrators Are Not Facilitators –Mediators help parties communicate and reach settlements. Arbitrators do not facilitate discussions. They hear each side’s case and make a decision.
- The Arbitrator’s Decision Is Final –Parties involved in mediation do not have to reach an agreement or accept a settlement’s terms. They can reject an agreement and proceed with a civil court lawsuit. In arbitration, the arbitrator’s decision is final. Parties must accept the ruling and comply with the arbitrator’s orders.
What Happens If Mediation Fails?
If mediation fails, your lawsuit will move forward. Parties may enter back into direct negotiations with one another. They may also agree to arbitration (or a judge may order it). The case may also proceed to trial. Parties may agree to a settlement at any time before a judge or jury makes a judgment.
Talk to Our San Antonio Attorney
You may qualify for personal injury compensation if you were injured in an accident or suffered harm due to someone else’s negligent behavior or misconduct. A San Antonio personal injury lawyer with the Law Offices of Troy A. Brookover can help you with your claim.
We can negotiate with insurance companies, represent you during mediation, or take your case to trial if necessary. Our law practice can fight for full and fair awards for medical treatment, lost income, physical pain and suffering, mental and emotional trauma, and more.
Our law firm has over 30 years of experience in personal injury case law. We have recovered millions of dollars in settlements and verdicts for clients across Texas. Contact us or call today for a free consultation and learn how we can advocate for you.
