Personal injury claims can be resolved in many different ways. Mediation is one of those options. Mediation may be done voluntarily or upon the order of the court. It’s an alternative method of resolving your dispute, instead of litigating your case in court.
There are some benefits to mediation, but you need to understand your rights going in and know how to approach the process in a proactive way. Berry Law can help.
Our Omaha personal injury lawyers are very familiar with mediation, and we can represent your interests and guide you through this process to maximize the chances of getting the compensation you deserve.
What Is Mediation in a Personal Injury Claim?
Mediation is a process that you can use to resolve legal disputes, such as a dispute over who was responsible for causing an injury and what the extent of the damages were.
When you mediate your personal injury claim, you and the defendant responsible for harming you must try to come to an agreement on fair compensation. In most cases, it will be the insurance company involved rather than the person who actually hurt you. The goal is to find a compromise solution, or an outcome that works for all parties, and that everyone agrees to.
Mediation may be court-ordered, or you may choose to try to pursue mediation in an effort to avoid having to go through the stress of a trial. Your mediator will not tell you what to do or decide on the key issues in your case for you — instead, a trained mediator facilitates discussion between you and the defendant.
Mediators are skilled at helping to find areas of compromise, even when people have opposing goals, with the defendant likely focused on paying you the least amount possible, and your focus on getting the money you deserve.
Pros and Cons of Mediation
There are both advantages and disadvantages of mediation for personal injury claims. Some of the biggest benefits include:
- Maximizing the chances of a settlement. It’s often hard to find a compromise on your own, but mediators can make it easier.
- Resolving your case more quickly. If you can resolve your claim through mediation, you won’t have to go through a full trial, which can take weeks, months, or even years — especially if the initial verdict is appealed.
- Avoiding stress. Court cases can be stressful and uncertain. Since mediation is collaborative, it can be an easier option for resolving claims. You also don’t have to agree to a deal unless you want, so that takes off some of the pressure.
These are all big reasons why you may want to consider mediation in appropriate personal injury claims, including situations when the defendant is willing to try to find common ground. However, there are also some disadvantages, including:
- Mediation is successful only if all parties are willing to try to compromise, which they often aren’t.
- Mediators have no actual legal power to compel you or the defendant to do anything, so it becomes hard to mediate if the defendant is withholding information or if neither party is open to fair discussion.
Berry Law has helped many clients through mediation, and we can both assist in deciding if it is right for you and represent you during the process.
Getting Help from an Omaha Personal Injury Lawyer
Don’t try to handle your personal injury claim alone, even if you are involved in mediation and think you can avoid court. You still need to protect your interests, and Berry Law is here to help do just that. Give our Omaha personal injury lawyer a call today to learn more.
