Is Mediation Right For My Elevator Injury Case?
In the state of Connecticut, settling a personal injury case and taking it to trial are not the only two options that a plaintiff has. While these are common options, another common way to resolve a personal injury case is through mediation. On this page, you can learn more about the pros and cons of mediation to determine if it is the right option for your situation.
What is Mediation?
Mediation is an alternative dispute resolution where the defendant and the plaintiff meet with an impartial third party (the mediator) who attempts to help both parties find a resolution that works for everyone. A mediator is specially trained to handle situations like this and helps to keep conflict from becoming too volatile. The mediator is a third party, which means they are not on your side and they are not on the defendant’s side. Their goal is to find a solution that you and the defendant can live with.
Mediation is an option before a case goes to trial. You and the defendant can voluntarily agree to attend mediation, or a judge can order that you go to mediation before the trial to see if you can find a settlement option together that both parties agree on. If a judge orders mediation, you must attend. Failure to do so means that you will have to pay for the mediation services out-of-pocket.
Should I Choose Mediation For My Case?
Mediation is a negotiation option that happens in good faith. If you cannot calmly deal with the defendant in your case, mediation might not be successful for you. However, if you are open-minded and willing to compromise, a mediator may be able to help you and the defendant find common ground. In addition, lawyers are usually allowed to be present at mediation meetings, so you can be sure that you won’t agree to a settlement that is not in your best interest. Your lawyer can provide input to make sure that if you do reach an agreement, it is fair to you.
If you and the defendant cannot reach an agreement through mediation, the case will most likely proceed to trial.
Preparing For Mediation
If mediation is an option that you want to explore, or if a judge has ordered mediation for your situation, you should prepare for the meeting beforehand. A personal injury lawyer can help with this process and take the burden off of you. During the meeting, the mediator reviews the findings of both sides and make suggestions for a way to settle the situation without going to trial that both parties are comfortable with. The mediator does not make legally binding decisions like a judge would; they merely make suggestions that you can accept or refuse.
Help With Mediation
If you are interested in mediating your personal injury case, it is in your best interest to consult with a lawyer. A lawyer can help you determine if mediation is right for your situation, can help you prepare for mediation, and can help you with your settlement options. Consulting with a lawyer can ensure that if you are offered a settlement, that it is fair to you. They can advise you about taking settlement options or proceeding to trial. For more information and assistance, contact my office. We are happy to help with your elevator accident injury case.