Whether you were hurt in a car accident, slipped and fell on someone else’s property, or were injured while using a defective product, you deserve to be fully and fairly compensated for your losses. After some back and forth with the insurance company, they’re now asking that you go to mediation.
But what is mediation? If you’re unsure of what mediation is, you might be wary of the insurer’s request. If you’ve already been dealing with a lot of back-and-forth negotiations, it might even seem like just another in a long line of tactics designed to trick you into accepting a lower settlement.
However, mediation is a common form of alternative dispute resolution (ADR). Widely used in a variety of settings to resolve different types of legal matters, mediation can be an effective, smart, and cost-efficient way to secure full and fair compensation for your injuries, medical bills, financial losses, mental anguish, and more.
What Is Mediation?
Mediation is a process by which two opposing parties come together and try to work out their differences. In a personal injury case, this is a process that typically involves an injured party and the at-fault person’s insurance company (or whoever is financially responsible). Mediation takes place after a lawsuit is filed but before it goes to trial.
During mediation, both sides will engage in back-and-forth negotiations as they attempt to reach the most agreeable solution possible. This process is led by a neutral third party called a mediator.
The Steps of Mediation for a Personal Injury Claim
No two cases are the same, which means that mediation will look a little different for everyone. However, there are generally four main steps involved in the mediation process. These are:
- Signing of confidentiality agreements
- Opening statements from both sides
- Private discussions with the mediator
- An agreement is reached OR mediation fails
Any agreement reached and signed at the conclusion of mediation is considered to be legally binding. This means that if either party fails to uphold their end of the bargain, the agreement can be enforced by the court.
What Are the Benefits of Mediation?
There are many benefits to using mediation for a personal injury claim—and that’s not just our opinion. According to the American Bar Association (ABA), some of the most commonly cited advantages of settling a case via mediation include:
- Quicker resolutions
- Fewer costs
- Greater reported satisfaction
- Less formal than a trial
Mediation also creates an opportunity for a victim’s words to really and truly be heard. That’s because mediation doesn’t just rely on dry facts; it also deals with the feelings and emotions of those involved in the process. By incorporating both the legal and personal impact of a negligent party’s actions, it is possible to secure a settlement that more accurately reflects everything you’ve gone through, everything you’ve lost, and everything you’re expected to deal with in the future.
Keep in mind that mediators have no authority to make or enforce a decision. They’re only there to guide the process.
What Is a Mediator and How Are They Chosen?
A mediator is the neutral third-party person who will facilitate the mediation process. Selecting the right person is very important, as they are in charge of helping you and the insurance company reach an agreement that everyone finds acceptable.
To become a mediator in the state of Louisiana, the following requirements must be met:
- Forty hours of classroom training in mediation and be licensed to practice law in any state for a minimum of five years, or
- Forty hours of classroom training in mediation and have mediated a minimum of 25 disputes (or have engaged in a minimum of 500 hours of dispute resolutions)
An individual who previously “served as a Louisiana district, appellate, or supreme court judge for at least ten years” and is no longer serving as a judge is also qualified to act as a mediator in Louisiana.
When selecting a mediator for your claim, consider the following four factors:
- Your lawyer’s recommendation
- The background and experience of the mediator
- Referrals and reviews
- Follow through in the days and weeks after the assigned mediation date
Remember, the mediator is supposed to be a neutral and impartial party. Both you and the insurance company will need to agree on the choice of mediator. So while this means they can veto your choice, you also have the right to object to a mediator that they’ve selected.
What Happens if Mediation Doesn’t Work Out?
If mediation fails and you are unable to reach an agreement with the insurance company, you still have other options. Agreeing to mediate an issue does not relinquish your rights to a trial. Depending on the unique circumstances of your case and the reasons that mediation failed, you may either want to return to negotiations without the guidance of a mediator, or take matters to trial.
But why does mediation fail?
There are many reasons that mediation may fail, and they are not all bad. For example, during the process, one side may discover information that they were previously unaware of, changing their mind or feelings about going to trial.
Some of the most common reasons that mediation may not work out include:
- New information is brought forward
- Parties disagree on key issues
- One party is more committed to the process than the other
- The mediator is a bad fit for the legal matter at hand
Don’t let a failed round of mediation get you down. You still have options for making a full financial recovery.
A Free Meeting With a Lawyer Is Just a Call or a Click Away
In personal injury claims, it is often said that the insurance company will think that they paid too much, while the injured person will think they received too little, leaving neither party happy. Mediation can potentially circumvent this outcome. When both parties have worked together to reach an agreement, they are more likely to both be in favor of the outcome.
That doesn’t mean you should go into this process without the right support or representation. Lawyers often play a pivotal role in mediation, providing guidance and advising their clients as needed.
If you’d like to speak with a lawyer at no cost to ask questions like “What is mediation?” and “How can mediation help my case?” contact Bianca | Matkins today. We provide no-cost case evaluations to injury victims in South Louisiana.
Bianca | Matkins also provides consultations in ASL for the Deaf community.