Other than the law courts, mediation is one of the most successful dispute resolution mechanisms for personal injury cases. Mediation allows the disputing parties to discuss and negotiate their grievances. They then, with the help of a mediator, attempt to resolve the dispute.
Here are some of the things to expect in mediation to help you prepare for one;
Parties Separated
The main reason why parties resort to mediation is that they have failed to reach an agreement by themselves. All the parties tend to feel like their vision of the case is right. For this reason, you often find the first submission by the parties to be a little outrageous.
In the early stages, nobody ever wants to feel like they are the weaker side. Quoting higher demands shows the intent of making the most out of the process. You need a top first submission that shows a plan without scaring the opponents.
A lengthy process
Patience is indeed a virtue when it comes to mediation. Even though you skip all the other legal processes in law courts, the intervention also has its set of stages you have to follow. The process starts with the mediator’s opening statement. The mediator introduces everyone who is part of the case, expectations, and the need for cooperation by the warring parties.
The next stage is the disputants’ opening statement. At this point, all the parties get the opportunity to explain the issues from their point of view. They explain the consequences of the disputes and any other concerns involved. The parties are free from interruption when making submissions. It is these submissions that guide the mediation. The mediator might allow each party to reply to a joint discussion. Anyone can also seek clarification on the unclear points.
After the submission, the mediator takes each party to a private meeting to discuss the different aspects of the case. Every party understands the repercussion of their presentations and how strong or weak it is. The discussions at this point are what determines if the parties settle. In case of a settlement, the parties sign an agreement. If the parties fail to reach an agreement, the mediator determines other viable conflict resolution options.
While this might seem a straightforward process, personal injury mediations can last a day or more. The length mostly depends on the complexity of the case, the preparation, and the mediator’s experience. Some mediations reach an impasse, and the parties continue to litigate the case, only to return to mediation again later to try to resolve the case again.
Mediator Not to Pick Sides
Unlike the court where the judge and the jury have unwavering authority over the case, the mediator does not have such powers in mediation. The role of the mediator is to find strategies to help you air your grievances. They identify the major points from each party to help come up with the most viable solution.
However weak or strong an argument of a particular party, the other party must not feel out of favor with the mediator. Given that the mediator lacks any authority to impose a decision on any side, feel free to reject any partial deal. It is the mediator’s role to guide both parties without getting emotionally attached to the case.
The neutrality of the mediator is one of the reasons why mediation is a popular conflict resolution mechanism.
Compromise
The only way you are going to reach an agreement is if a party is willing to compromise. The more the disputing parties are unwilling to compromise, the longer a mediation takes. The parties will only settle once they understand the weak and strong points of their submission. It takes an experienced mediator to point out these factors fast enough. The mediator must also be persuasive enough to let the parties buy into the ideas they propose.
Whatever compromises you take, you must not feel coerced or forced. Every agreement must come naturally and don’t feel like you are losing unfairly. Otherwise, you have to understand weaker submissions tend to compromise more. Take time to work with your personal injury attorney for the best submissions. Also, do not compromise too early as it gives the other party an undeserved advantage.
Zero Prejudice
Other than in insurance, mediation is the other place where the principle of “utmost good faith” applies. All the parties would only agree to mediation when they believe their interest is critical. All the parties must trust that everyone involved in the process seeks the same goal; to find a solution. The parties must also believe that the mediator is experienced and non-partisan. Just a hint of doubt during the process can easily stall the mediation and cause an impasse.
Conclusion
Mediation is a reliable dispute resolution mechanism that works in many cases. You have to prepare before you enter a mediation. Your submissions must be strong enough, and you have to understand when to compromise or hold to your demands. The whole process is quite daunting. That is why you need an experienced personal injury attorney to protect your rights during the process. Contact us today on how best to handle your mediation for a winning outcome.
