Pesonal Injury Attorneys

What to Expect during Mediation?

Mediation in personal injury cases typically occurs after a lawsuit is filed, but before a trial before a jury or judge takes place. Once an injury suit is filed, mediation is usually your last chance to resolve your case, absent a full-blown trial, and , many cases in fact settle at mediation.

During mediation, the mediator is a neutral arbiter between the parties and their goal is to try and resolve the injury claim in a manner that all parties can live with. Your lawyer should explain to you how mediation works well in advance. Typically, mediation lasts a half day or a full day, depending on the complexity of the case. At the beginning of mediation, parties meet in one conference room where your lawyer makes a short presentation to the mediator and the party being sued concerning the facts of your injury case.

Sometimes, the attorney for the party being sued responds with a brief statement and the parties then break into separate rooms. The mediator typically goes back and forth into separate conference rooms with monetary offers. If the parties to the injury suit can come together on a settlement, the mediator drafts a short settlement agreement and the injury claim is finalized usually within 30 days following mediation.

If however, the parties are unable to come together on a fair settlement, the case will go to trial. It is important to ensure your lawyer is willing to go the distance and take your case to trial if necessary. Lawyers at my firm, Fears | Nachawati, attend mediation frequently, and more importantly, will absolutely take a case to trial if the negligent party (at fault party) is unwilling to pay a fair and reasonable settlement amount. If you have an injury claim and need legal help or advice, contact me at mn@fnlawfirm.com or by phone - 1.866.705.7584.

Se habla español

We are a personal injury law firm dedicated to helping the serious injured!