Below is everything you need to know about mediation in a personal injury case. Please feel free to contact our office for a more in-depth explanation based on the facts of your case.
What is Mediation
Mediation is a form of alternative dispute resolution. It is a form of negotiation that involves a neutral, unbiased third party. The role of that third party, the mediator, is to help both parties reach a fair agreement. Mediation begins with an informal opening statement by each party. Then both parties go to separate rooms and wait their turn to speak with the mediator. When you are in the room, the mediator will poke holes in your argument and explain why your case may not be worth as much as you hope.
One positive of mediation is that it can be far more efficient than litigation. After you file suit, getting inside a courtroom can take up to a year. Setting up a mediation, by contrast, can be as quick as finding availability on the calendars of the parties and the mediator. Mediation can be costly, however. A typical fee for mediation is $500 per hour. Usually both parties split this cost, though not always.
Who is a Mediator
The background of a mediator varies, but a mediator is typically a retired judge with a wide breadth of experience in law. The mediator may instead be an attorney who works solely in this role. The most important thing about a mediator is that he does not favor either side. The mediator’s goal is to achieve a resolution that satisfies both parties.
Goal of Mediation
The ultimate goal of mediation is to encourage communication. The mediator should identify issues on both sides to convince each party to reach a compromise. Because mediators have such experience, typically as judges, they have a solid idea of what personal injury cases are worth. This puts them in an excellent position to advise what a case may be worth at trial.
Mediation also allows both parties to explore the various options to settle the case. Meeting in person is generally far more conducive to reaching an amicable agreement. It also helps each side understand the other’s goals, especially with a mediator present. The parties can then consider specific terms and add or remove them.
Drawbacks of Mediation
There is one critical drawback, along with a drawback that can prove advantageous in the long run. The crucial drawback is the cost. A cost of, say, $10,000 can exclude mediation as a worthwhile venture for many cases. This holds true even when the parties split the cost evenly. While this drawback does not exclude high-value cases from benefitting from mediation, it wastes resources if your case’s ultimate value exceeds $100,000.
The other drawback to consider is how long a mediation can take. Mediation will usually last one day, breaking only for lunch. It may take place in your attorney’s office or in the defense counsel’s office. Of course, if you go to trial, a typical personal injury case takes two days, so mediation is ultimately still more efficient.
Contact a Personal Injury Attorney
A personal injury attorney can explain the basics of mediation as it applies to the facts of your case. Your attorney will also explain the advantages and disadvantages of your case. This may differ from the typical advice you find online. Gelb & Gelb, P.C. has offices handling personal injury cases exclusively in Washington, D.C. and Maryland. We most frequently handle car accident cases, truck accident cases, nightclub injuries, wrongful deaths, and more. Contact us today for a free consultation.
