Following an accident, the party found liable will be obliged to pay compensation for the injured party’s damages. In the vast majority of cases, the liable party’s insurance company also referred to as the defendant, will be the ones to cover these reimbursements. The purpose of this financial compensation is to support the injured and their family in their efforts to get back to their lives as they were prior to the accident. Most of the plaintiffs hire a Personal Injury Lawyer in Milton to negotiate and settle the claim on their behalf. This ensures that the accident victim is not pressurized to accept a low amount as compensation.
In case of severe injuries, the sum of this compensation can reach up into several million dollars. In the past, disputes regarding these compensations were settled in court, but today, there are other ways of finding common ground. One of these alternative methods is mediation, and it is steadily rising in popularity.
The Purpose of Mediation
As a form of alternate dispute resolution, the purpose of mediation is for both parties to sit down together and find common ground and resolution outside of court. However, even if no solution is found in this step, it will still significantly shorten the time spent in court and heighten the chances of success due to the better understanding of each other’s cases achieved during mediation.
The Role of The Mediator
The personal injury mediator acts as a third party professional throughout the mediation process. They are impartial and trained in mediation techniques which have given them the necessary skill-set to nudge the other parties toward common ground and a mutually satisfying resolution to their conflict. Throughout the mediation process, the mediator will have a private discussion with each party individually, as well as together as a group. Each of these discussions will be confidential and no information shared can be used as evidence in court.
Benefits of Mediation
A lengthy trial is an unpleasant process which lawyers prefer to avoid whenever possible. Mediation can be a great tool of achieving this since it allows all involved parties to sit down together and discuss a mutually agreeable settlement. Due to them being the only ones present, aside from the mediator, it allows for everyone to have more control over the outcome and be more open in their communication.
Throughout this process, offers can be put on the table, denied, accepted or pulled back at any point. And even when mediation does not result in settlement, both parties will still have moved closer to common ground which makes the chances of reaching settlement in the close future significantly higher.