After an injury is sustained by one party as a result of another’s wrongdoing, the injured is owed compensation. In most cases, the defendant’s insurance company will cover these costs which will then help the injured and possibly also their family recover and return as closely as possible to their previous state prior to the injury.
Depending on the seriousness of the injury, these compensation costs can pile up to millions of dollars. In the past, all of these cases have been handled in court, but in recent times, alternative methods have arisen which, in some cases, include mediation as a preferred choice of reaching a settlement.
The Purpose of Mediation
Mediation exists to settle disputes between the involved parties. Without mediation, the case would end up in court where it could drag on for ages without guarantee for success. However, in mediation, your lawyer can get a feel for the opposing counsel, their case and methods and vice versa. Even without success in the mediation stage, the settlement can usually be reached sooner in the in-court litigation process since the involved parties are already more familiar with each other.
The Role of The Mediator
As an impartial third party, the mediator is there to support the parties in finding mutual ground. They are trained professionals in regards to mediation techniques and are not allowed to bring forth personal opinions or legal counsel regarding the case. They will talk to each party individually in private, as well as with everyone together as a group. Everything that happens throughout the mediation process is considered confidential and will not be passed on to other or used as evidence in trial.
The Pros of Mediation
Your personal injury lawyer in Sarnia may choose to undergo the mediation process as a way of avoiding a lengthy trial, as well as a means to gain more influence for both parties on the eventual outcome. To get to this point, both parties will have to agree to attending mediation and thus opening themselves up for communication with the other party.
As a result, both parties will be able to present the solutions they deem acceptable and then continue to discuss these potential solutions until mutual ground is reached and a solution is found. Throughout this process, suggestions can be turned down or accepted at any given point. Even if things aren’t settled, the mediation process will most likely lead to a quicker settlement in the upcoming months since the open communication will have led to a deeper understanding on both sides.