Things You Should Know About the Mediation Process
If you have been injured in a car accident, you might be wondering what options you have as you work toward recovery in your accident case. Many individuals are easily turned away by the prospect of trial because litigation can be time-consuming and expensive. Luckily, there is always an option for alternative dispute resolution, which is composed of many methods of resolving a dispute without ever seeing the inside of a courtroom.
Understanding How the Mediation Process Works
One of the top ways to settle a claim without having to go to court is done through a process known as mediation. The mediation process is simple to understand: A professional third party will handle the discussion between the parties so that they can solve a variety of legal matters before the case heads to trial. It is a last-ditch effort for many to agree on a settlement before they have to go through the litigation process, which can be incredibly tiresome, complex, and stressful.
The mediator will work with a variety of parties including the plaintiff, defendant, their lawyers, and the insurance adjuster. They will attempt to bring these parties toward the common ground so that they can agree on matters rather than throw in the towel and go to court. Mediation has success in many cases, as only a small percentage of claims actually make it to court. You can still feel in control because, though the mediator will guide the conversation, they will not make any decisions on your behalf that you do not approve of.
When Mediation Usually Takes Place
Mediation is a process that more and more courts are using as a way to lessen the burden on the court system and bring parties together on this common ground. Once the lawsuit is filed, mediation will usually be ordered by the court at the scheduling conference. Once discovery is completed, mediation will take place between all of the parties at an agreed time. Mediation is most successful when everybody has the facts of the case in front of them, which means that the discovery process has usually taken place when the court intervenes. If mediation is not successful, the trial will continue as usual.
The reason why mediation is typically successful is due to the fact that it gives everybody a way to talk settlement in ways that are not permissible in a court setting. Everybody will have a chance to lay out their feelings and emotions toward the case, as well as what they want to see. It puts the power in the hands of those who are involved in the case, rather than that of a judge. Mediation promotes cooperation in many cases, which is why it is so largely successful and why many attorneys urge victims of accidents to consider these sessions.
How a Florida Accident Attorney Can Help
At Sheftall & Associates, we have handled a variety of personal injury claims and understand what options are available for you during these difficult times. If attorneys and clients can come together and discuss the parameters and facts of the case, it can lead to success for all involved. As the victim of a Florida car accident, you have many protections and options under Florida law. We will provide you with the resources needed to be successful in your claim. Please contact an accident attorney in Florida immediately at (904) 575-9026 for more information on your options moving forward.