Many times, mediation for car accident cases is court ordered. Other times, an attorney will suggest mediation as an alternative dispute resolution to litigation. Should mediation efforts fail, nothing prevents later filing and litigating the dispute in court.
Mediation Explained
Mediation is an out-of-court process through which both parties submit the dispute to a neutral third party, usually a certified mediator who is also an attorney, to assist in brokering a deal. Mediation is similar to negotiations except that a mediator is involved. Mediation is not binding on the parties unless the parties sign a contract agreeing to the mediated terms. Mediation can fail, at which time the parties have the choice of litigating the case, arbitration or attempting mediation again at a later time.
The process is being turned to more and more as a means to resolve disputes faster and cheaper than litigation. Many states not require mediation for car accident cases before a judge is able to set the case for trial as an effort to reduce the number of car accident cases on a court’s docket. A judge can also order the parties to mediation if he wishes.
The Mediation Process
Regardless of whether the mediation is voluntary or court-ordered, all involved parties will be provided with a separate space in which they will discuss their demands and willingness to budge from them with the mediator. The mediator is required to keep any information he gleans from the parties confidential.
Typically, a mediator will travel between the rooms in which the parties sit and discuss what the other party has requested or denied. It is rare for a mediator to explain why a party has made a specific request or denial; usually the mediator will merely state a number or other terms. A mediator will make as many trips as he needs to in order to develop a resolution to the dispute.
If an agreement is reached, the mediator will immediately type its terms and require all parties to sign the agreement. Once signed, the agreement is binding and any violation of its terms is able to be sued under contract law.
Mediation in Car Accident Cases
Mediation in car accident cases is not performed differently than for other types of cases, even if required by the court or legislative rules. However, in car accident negotiation it is not unusual for the mediator to break down the amounts of money requested for the different damages an injured party claims he suffers. This makes reaching a settlement easier because the parties will understand the exact amounts given for a specific damage.
Getting Legal Help
If you are involved or anticipate mediation for a car accident case, seek legal representation. A lawyer will explain the process of mediation as it will apply to your circumstances and discuss with you the best tactics to use during the mediation process to obtain what you need.
