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Car Accident Lawsuit Mediation Process

A mediator in a car accident lawsuit tries to help the parties involved find a settlement they both feel is mutually beneficial.

Lawsuit Mediation Process

Mediation in a car accident injury law suit is a phase where the parties involved appear before an impartial third party, or mediator, to find a compromise so that the case doesn’t have to escalate to trial.

Different from both an arbitration and a hearing, the mediator is not there to decide the specifics of the case or to suggest any decision about who is right or wrong. The mediator is simply there to try to help the two parties find a settlement that they both feel is mutually beneficial.

What Is the Mediator’s Job?

The mediator is an impartial third party trying to work with both sides, the defendant and the plaintiff. They reserve judgment in the case, but their job is to facilitate a discussion about what a mutually beneficial resolution to a car accident lawsuit might be.

They cannot force anyone to take a settlement offer, but they try to help by highlighting any weaknesses in a case, and by giving the positives about a settlement over proceeding to trial for both sides.

Why Would Someone Go to Mediation?

Many lawsuits will be ordered by a judge to go to mediation. The reason is that the judge understands that, in most instances, the two parties are better off trying to find a resolution before the case has to go to trial. The judge chooses mediation when it could help limit the time that the case is played out. It often saves all parties a lot of expense and wasted resources.

What Are the Benefits of Going to Mediation?

If a case makes it to mediation, it is probably because one side or the other refuses to settle, or the two sides cannot reach an agreement. These factors can make the whole process long and drawn out, which translates into more expenses for both sides in court and defense fees.

It also means that the injured party will have to wait a lot longer to get the compensation that they deserve which, when combined with the extra expenses, can create more issues down the road.

If the defendant is not willing to pay what the plaintiff is rightly owed, then mediation is not going to help. However, a mediator will usually tell both sides precisely what will happen if they proceed to trial. Knowing the real cost, and separating the emotions from a case, usually can encourage two parties to work harder for resolution.

If your case is ordered to go to mediation, it is neither a good thing or a bad for your chances of winning or getting a fair settlement. It is a way to try to find a resolution between both the defendant and the plaintiff before a lengthy and expensive trial persists.

Meditation can be a valuable tool used by your St. Louis car accident attorney to get the defendant to pay what they deserve without having to go through a lengthy trial.

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Updated: June 28, 2018