Personal Injury Mediation Basics
Mediation can be a pivotal part of a personal injury case. This is when the parties involved are sitting down and discussing the case with another party, which is the mediator. The mediator is trained to aid individuals to reach mutually satisfactory solutions whenever conflicts appear. Before the dispute reaches the personal injury lawsuit, parties can voluntarily enter mediation. But, this can only happen when both parties actually request it.
While Mississippi personal injury attorneys can definitely get involved and represent their clients, the most important part of the process is discussing case specifics. Mediators do not offer opinions or make decisions. When the parties cannot reach solutions, everything gets back to the same state before the mediation started. Also, nothing that is said during this process can be eventually utilized at other dispute stages.
Mediation costs are normally split by the sides in an equal percentage. This process is completely informal with the purpose of letting people discuss everything without having to worry about legal procedures and the attached burdens. There is no fear that what you say is going to lead to the dispute being lost.
Personal injury mediations tend to follow a very basic structure. But, they can sometimes vary based on the wishes of the mediators. In most cases, we have this structure:
- Every single party discusses with the mediator while the other party is present.
- Every single party directly speaks to the other ones involved as the mediator actively facilitates interchanges.
- Every single party discusses with the mediator alone.
A big part of the work of the mediator is to utilize the information that was gathered to make each side modify their position in order for the agreement to be utilized. The information gained in confidence is utilized for this purpose but it is not directly disclosed. Restrictions do not exist when it comes to how opinions and facts are being presented. This is very important as in a lawsuit, there are several rules that have to be respected. Also, parties do not need training from a personal injury attorney before discussing the case with the mediator.
You can find mediation services in several sources, including:
- Community or neighborhood dispute resolution centers.
These are available in several towns and cities. Usually, they are staffed by volunteers, not professionals. Usually, the charges are very small so disputes between cohabitants and neighbors can easily be discussed.
- Professional mediation services
The people working here are full-time mediators. They have legal and mediation experience. Usually, you can find retired judges or lawyers handling the mediation process here. The problem is that fees are substantial. But, several types of mediation might be available and it is very easy to find someone with specific personal injury claims experience.
- Independent mediators
Usually, these are retired or practicing attorneys. They can even be retired judges but the big thing is they work alone. You can find mediators with personal injury experience as you go to those who handled injury cases in the past. However, you can expect very high prices that can easily reach $300 per hour when you choose this mediation option.