Personal injury mediation is a negotiation overseen by a licensed mediator before a lawsuit goes to court. The mediator helps parties reach a mutually acceptable compromise, but neither party is required to agree. If they do agree, the mediation becomes binding.
Personal injury mediation is mediation that occurs before a personal injury lawsuit goes to court. Personal injury mediation may be required by a court before allowing someone to bring a lawsuit, or it may be encouraged while negotiating with an insurance company. While a plaintiff and a defendant may be required to participate in mediation in a personal injury dispute, neither party is required to reach an agreement; however, if they agree, the mediation will become binding.
When a person is injured by someone else’s negligence, carelessness, or illegal actions, they have the right to bring a personal injury lawsuit against the person or people who caused it. Often, a plaintiff brings this lawsuit against the insurance company of the person who caused the damage, but not always. The lawsuit, called a tort action, is brought in civil court.
When a plaintiff files documents in court, the case is set for trial. However, while all personal injury claims have the potential to be tried and resolved by a judge or jury, many of these cases settle out of court. Cases are often settled because neither plaintiff nor defendant want to take the risk of going to trial and having their settlement decided by a jury. Instead, it is common for both parties to negotiate a settlement, in which the defendant pays the plaintiff a sum of money and the plaintiff agrees to waive their right to sue.
Personal injury mediation is a type of formalized negotiation, in which a licensed mediator oversees the negotiations between the plaintiff and the person or parties they are suing. This mediator may be court-appointed or may be someone who frequently works with insurance companies. Often, the professional mediators who oversee personal injury mediation are attorneys or licensed arbitrators. However, this is not a requirement and the specific qualifications to become a professional mediator vary by jurisdiction and by situation.
The mediator, regardless of his qualifications or license, aims to help the parties who are on opposite sides of the lawsuit to reach an agreement. In personal injury mediation, the mediator seeks to facilitate a mutually acceptable compromise, where the defendant agrees to compensate the plaintiff in some way, and where the plaintiff agrees to accept this compensation.
Mediators in personal injury mediation may try to facilitate this settlement in a number of ways. They can encourage active listening, in which both parties present the strengths of their issues, and in which both parties present their requests. They can also help the parties find ways to communicate using other mediation techniques.
When parties submit to mediation, they work with the mediator and with each other. Neither party is required to agree, and either party may walk away from personal injury mediation at any time. Once they agree and sign a formal agreement, they are bound by this legal document which they have agreed to in mediation.
Protect your devices with Threat Protection by NordVPN
