Personal Injury Lawyer DC
Mediation is a process where the parties to a lawsuit or a dispute get together and try to settle the case. The matter is facilitated by a “mediator” who is usually a lawyer or retired judge. Mediation can occur at any time. Sometimes, mediation in a personal injury case will occur after the lawsuit is filed, but it may also occur before.
Mediation most often is a voluntary process. The parties are there because they want to see if the case can be settled without going to trial. Usually, the injured victim, his lawyer, the defendant, and the defendant’s insurance company are present.
Mediation Can Be Handled Differently
Mediators in personal injury cases handle their processes differently. But in general, here’s how it goes! The parties will come together at the outset and sign confidentiality statements. Then, the mediator will ask each side to make a short statement outlining their side of the case. The mediator is advised of the last offer that was made by the defendant, and the last demand that was made by the injured plaintiff.
The Goal is to Maximize the Compensation Paid
From there, the parties will usually separate, and the mediator will go back and forth and try to negotiate. The injured victim’s goal is to maximize the compensation paid, whereas the insurance company wants to pay as little as possible. In the end, if mediation is successful, then each side will have compromised a bit. No one will be happy, necessarily, but the result will be fair and there will be closure on the case.
Each state has different rules on court ordered mediation, but overall it’s a voluntary process.