Mediation and Personal Injury Cases

When you have a personal injury claim against another party, there are several ways to resolve it. The responsible party’s insurance company might offer a fair settlement through negotiations, or you can go to court. Another option that falls somewhere in the middle of those two extremes is mediation. Here is how mediation can help you get the compensation you deserve in a personal injury case.

What is Mediation?

Mediation is a form of alternative dispute resolution (ADR) where a professional third party — the mediator – helps two or more parties to a dispute collaborate to settle their differences. Unlike arbitration or litigation, mediation is non-binding and informal, where the discussions generally take place in a comfortable, neutral location.

How Often is Mediation Used in Personal Injury Cases?

For those familiar with mediation, it’s a common strategy used in family law cases to resolve issues related to child custody, child support, asset division, and alimony. However, mediation has become a more popular solution over the years for personal injury and other areas of the law.

According to the U.S. Bureau of Justice Statistics, only about 3-4% of personal injury cases go to trial. Common personal injury cases involve things like car accidents, slip and falls, construction site accidents, defective products, and medical malpractice. In over 95% of personal injury cases, parties are able to resolve their differences before ending up in a courtroom. Many of them do so using mediation.

Why Mediation is a Good Choice

In West Virginia, mediation is mandatory in many counties in state court as part of the pre-trial process. The federal court also frequently orders parties to conduct mediation as a condition of scheduling. But many parties to a dispute also willingly schedule mediation without being told to do so by the courts. Why? Because it works so well in reaching a settlement.

Mediation allows litigants the freedom to decide the outcome of their cases without risking an adverse decision from a jury or judge. Some of the other benefits of choosing mediation include:

• Faster resolution — Mediation can be completed quickly, while litigation might take years to resolve a case.
• Lower cost— The court process can be expensive compared to a one-time mediation fee.
• Privacy — Mediation matters are confidential, unlike most court cases, where everything becomes public record.
• Informality— Mediation can be much less intimidating than having to resolve your dispute in court.

Using mediation, you can often obtain a more customized resolution that meets your specific needs and goals. This likely won’t be possible through litigation.

What is the Mediator’s Role During Mediation?

The role of the mediator is not to act as either party’s attorney or make any decisions for the litigants. Instead, it is to provide a structured and supportive environment that promotes compromise. The mediator ensures that all party’s voices get heard, with each side having an opportunity to express their concerns and explain their positions. When speaking with each party separately, the mediator might explain to one why a lower or higher settlement figure would make sense, given the non-confidential information available.

Personal Injury Mediation Strategies

When you attend mediation for your personal injury case, be prepared to listen with an open mind and compromise. Ideally, you’ll have legal representation that can guide your choices and protect your rights. The other side will likewise come to the meeting ready to make progress and avoid a costly legal battle.

Settlements in personal injury cases through mediation are meant to be fair and mutually beneficial. A good mediator will ask questions throughout the process to prompt each side to re-evaluate its position. Sometimes the mediator will go back and forth many times to exchange information that each side wants the other to know to bring the parties closer to an agreement. But the mediator will never disclose confidential information not meant for the other side.

In most, but not all, cases, the parties will reach an agreement. That agreement will be submitted to the judge for approval, after which it becomes binding. If a settlement is not reached, a mediation, the case moves forward with litigation. But, sometimes, the case will continue negotiations and reach a settlement before it is handed to a judge or jury for a verdict.

Schedule a Free Consultation With Our West Virginia Mediation Law Firm

With over 30 years of legal practice devoted to personal injury cases, Tim Bailey at Bailey Mediation is uniquely qualified to facilitate your next mediation. He has developed a reputation for understanding the legal issues involved as well as the emotional needs facing parties involved in various civil disputes. He is exceptionally skilled at facilitating communications in emotionally charged situations. Please contact us today to learn more about our personal injury mediation services.