When a personal injury case is not settled promptly, the plaintiff will usually file a lawsuit and prepare to move forward to a trial. Even after a trial date is set, the parties often continue negotiating in hope of settling the case rather than going to court.
Trials can be risky and expensive. When both parties work in good faith, mediation can resolve the claim much faster and without the stress, expense, and uncertainty of a trial.
It is important to understand what medication is and how it works in a personal injury case. At Warhawk Legal, our personal injury attorneys in Oklahoma City help clients weigh the pros and cons of mediation and thoroughly prepare them for what to expect.
What Is Mediation in a Personal Injury Case?
Mediation is defined by Oklahoma Statutes §12-1802 as:
“[T]he process of resolving a dispute with the assistance of a mediation outside of a formal court proceeding.”
A mediator is defined by the same statute as:
“[A]ny person certified pursuant to the provisions of the Dispute Resolution Act or the District Court Mediation Act to assist in the resolution of a dispute.”
Mediation is a settlement conference entered into voluntarily by both parties and guided by a neutral third party called a mediator. A mediator is often an expert in their field and can help both plaintiffs and defendants understand how their case would be received at trial.
A mediator does not decide the outcome of your case. Their work is to help you reach a settlement. However, if you are unable to settle, you may still proceed to trial or continue negotiations on your own.
How Mediation Works in a Personal Injury Case
You should discuss the advantages and disadvantages of mediation with your OKC accident attorney and then decide whether you are willing to mediate. Mediation requires an agreement by both sides and to be successful, both parties must act in good faith toward the goal of settling.
Once you have decided to mediate, the process generally consists of four steps:
- Choose a mediator. Both sides must agree on a neutral third party to act as mediator. Your mediator should have a background in personal injury law and have experience helping parties settle cases similar to yours.
- Submit your briefs. Each side will submit a written brief to the mediator explaining their view of the case, their evidence, and their legal arguments.
- Mediation. All parties, their attorneys, and the mediator will meet to engage in settlement discussions. A neutral location is usually used for the mediation. Some mediators encourage the parties to meet jointly, at least initially. However, many mediations are conducted using separate rooms for each side. Each party will discuss their view of the case with the mediator in confidence. The mediator will go back and forth between the rooms to present settlement offers and counter offers made by each party. They will work to negotiate a resolution by helping each side identify their case’s strengths and weaknesses, and to clarify their priorities.
- Agreement/Impasse. If the mediation, the terms of the agreement will be drafted and signed by the parties before leaving the mediation location, making it legally binding. If the mediation is not successful and the parties reach an impasse, the case will proceed to trial.
Should You Agree to Mediation?
The goal of mediation is settlement. Settlement involves settling for less than you might receive at trial. However, mediation is usually less stressful, less risky, less expensive, and can help you resolve your case much faster.
Whether you should agree to mediation depends on the facts of your case. You should discuss this option with your attorney, who will help you make the best decision for you.
Contact Warhawk Legal Today
At Warhawk Legal, we are dedicated to helping our personal injury clients recover maximum compensation. Each case is unique and we design a personalized legal strategy for every client based on their specific circumstances and priorities.
If you have been injured by another party’s negligence or wrongdoing, we want to help you. We have the experience, skills, and resources to protect your rights and help you recover the compensation you are entitled to.
Call (405) 397-1717 or visit our contact page and schedule a free consultation to discuss your personal injury claim.