4 Questions About The Mediation Process For An Injury Lawsuit

If you are involved in an accident that results in an injury, you may assume that you have to go to court to sue for the damages. However, that is not always the case. Many personal injury lawsuits involve going through mediation, which is when you settle the case outside of court and try to reach an agreement in good faith. Here are some questions you may have about the mediation process when trying to settle an injury lawsuit.

What Role Does The Mediator Play?

It's important to understand that a mediator is not a judge during the mediation process. They do not have the ability to make decisions or say who is right and wrong. Their only job is to act as a referee in a way and to help push people toward making a final decision. The mediator does not want you to go to trial unless it is necessary, so will make suggestions that both sides can listen to.

What Background Does The Mediator Have?

It's common for mediators to have some sort of experience in the law. This includes former lawyers and judges that have retired from those roles, and have decided to use their experience to be a mediator. There are courses that must be taken to be certified as a mediator, so they will be going into mediation with the knowledge of their role and what to do to bring both sides together.

Do You Need A Lawyer For Mediation?

It is not necessary to go to mediation with a lawyer, since you have the choice to do it alone or have legal assistance. That said, it all depends on the case that you are looking to settle and how complicated it is. If you feel confident that you can represent yourself, you are free to do so. Just be aware that the other party can bring a lawyer, and you cannot consult the mediator for legal advice. Having a lawyer can help ensure that someone is there on your behalf to make sure that things are fair.

Do You Have To Go Through Mediation?

Some states require that the two parties attempt mediation in order to settle their case. The purpose is to keep people out of the courtroom since many cases can be settled without the help of a judge. The idea of going into a trial may also be undesirable for both sides, and mandatory mediation is a way to ensure that an attempt is made to avoid a trial.

Reach out to a personal injury lawyer to find out more.