Tackling Questions Commonly Asked About Personal Injury Mediation

Law Blog

In the event you are involved in a personal injury claim, there will be great measures taken to avoid the claim having to go all the way to a trial. Your lawyer will work closely with the lawyers of the responsible party to reach a settlement agreement that is fair considering the extent of damages you have experienced. One of the measures taken during a personal injury claim may be a mediation consultation. If your lawyer brings up mediation during the process of your case, you will likely have several questions. Here are a few answers to some of the most frequently asked questions.

What is the intended purpose of personal injury mediation?

The ultimate goal of personal injury mediation is to find a middle ground where the two parties involved can reach some form of agreement or understanding about the case. Mediation is much more relaxed than formal proceedings in a courtroom and allows for discussion between both the lawyers and clients to find resolutions to some of the issues present in the case. Even if mediation does not solve the case completely, it does often give everyone involved a better understanding of what needs to take place to reach a settlement.

Who will be present at the mediation proceeding?

During the personal injury mediation proceeding the people present will be those primarily involved in the case. You can expect your lawyer, the party responsible for your injury, their lawyer, and a certified mediator who will be in charge of directing discussions and questions. Witnesses, only those crucial to the case, may also be asked to come to mediation for temporary purposes.

Will you be asked to give a formal testimony during the mediation?

The mediation will not involve you giving a formalized testimony. However, you should expect that you may be asked direct questions by your attorney and perhaps, the attorney of the responsible party. Communication between you and the person you have filed against will be minimal.

Where will mediation between the parties take place?

The location of the mediation can vary, but will be an agreed upon place designated by the involved parties. In many cases, this will be your attorney's office or a conference room at a local legal facility.

When you understand what mediation will involve, it is easy to see that this is not something you should be nervous about. In a lot of cases, a resolution is made during mediation, or the beginning phases of an agreement will begin. For more information about the process, contact a firm like Brown Beattie O'Donovan.


3 March 2015