In my last blog post titled “Stage Six of a Personal Injury Claim-Filing the Initial Set of Discovery,” I talked about the gathering of evidence by both parties through subpoenas and discovery requests. This post is about the next step: Mediation. Mediation is necessary before a case goes to trial, unless a settlement is agreed upon by both parties beforehand.
You are probably wondering, “What is Mediation?” Mediation is a form of “ADR” which is Alternative Dispute Resolution – a means for two disagreeing parties to come to a resolution. At mediation, a mediator (a third party) is paid by both parties to assist in reaching an agreement about the final settlement. A mediator is wholly impartial and neutral to either side. The mediator is trained to facilitate a reasonable settlement, based on all the information provided by both parties. The advantages of mediation are numerous, primarily that the case ends in a manner agreeable to both sides. Settlement at this stage also eliminates further costs and the uncertainty of trial.
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It is up to both parties whether or not to agree upon the settlement suggested by the mediator. If the case is not resolved, it will then move to the next step – Trial. That is what I will be talking about in my next post-The Eighth Stage of a Personal Injury Claim.
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