Settling out of court (through a process called mediation) is an option for resolving some personal injury cases.
What is Mediation?
Mediation allows parties in a lawsuit to come together and try to reach a resolution that both sides can accept. If the mediation session is successful, the parties can decide the outcome of the case rather than a judge.
How Does Mediation Work?
You can either agree with the other side to try mediation or the court might order you to participate in the process. The courts usually let you pick your own mediator. Next, you work with the mediator and opposing side to choose a date and location for the mediation to take place.
What is the Mediation Process?
First, the mediator will set down the ground rules. Both sides will probably have to sign a confidentiality agreement. Then, the mediator will give both sides time to talk without interruption.
In personal injury cases, it’s helpful to stay in the same room for the defendant’s account of the accident if there are a lot of technical issues or calculations in the case.
What Types of Cases Use Mediation?
Mediation is common in personal injury cases. Mediation lets parties reach a resolution much faster than they would waiting for a trial. The process also allows them to create a resolution that is more flexible than one the court might order.
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