The world of personal injuries is expanding all the time. More and more US lawyers are choosing to specialize in this area every year – because doing so makes you better at what you do.
However, not every personal injury lawyer operates in the traditional courtroom setting that you might be used to imagining. For those of you considering a personal injury action, your case might well end up going through what is called a mediaiton hearing before you go to trial.
Read on as we explain what a mediation hearing is. We’ll also look at how it affects your case.
What Is a Mediation Hearing?
Like a courtroom hearing, a mediation hearing is essentially a method of trying to resolve disputes. However, there are some important differences.
As an initial matter, the mediator is a professional who is appointed by agreement of the two attorneys. Mediators are usually lawyers or retired judges.
Probably most importantly, you are not required to settle or required to accept anything at a mediation. That means that you’re not under any legal obligation to accept the recommenedations of the mediator. In fact, some mediators help the two sides work toward an agreement but the mediator does not offer any recommendations.
A mediation hearing involves just you and the person on the other side of the dispute, your respective attorneys, and the mediator. There is no judge, and there is no jury.
The mediation process is a lot more informal than that of a traditional trial. Because a mediator is not a figure with the power to make binding decisions, the emphasis is on discussion and compromise. Disputing parties aim to reach an agreement with the help of the mediator, rather than to argue their case with a view to “winning.”
A court may order a mediation hearing before the commencement of a full trial. This expedites the overall process, either because the entire case gets settles at the mediation or soon after or because some parts of the case may get settled via mediation. If the entire case settles, there is no need for a trial.
Mediation vs arbitration: What’s the difference?
Mediation is often confused with arbitration. The two share similarities, but in reality they are quite different. The most significant difference is that an arbitration result is binding on the parties, while at mediation the parties voluntarily decide whether to settle the matter.
Arbitration has the advantage of being quicker than a trial hearing, while still retaining the power to make a binding decision. In this way, it can be thought of as a middle ground between mediation and a full courtroom hearing. In the United States, there are many more times that mediation is used than arbitration is used.
The Advantages of a Mediation Hearing over a Courtroom Hearing
For the parties to a dispute themselves, the benefits of mediation can be numerous.
First, if a case settles at medaition the parties avoid some of the expenses that additional litigation would have produced. At a time when costs can run very high, this is an important consideration for many people, including because even plaintiffs who prevail at trial are required to reimburse their attorneys for the litigation expenses that were incurred.
Mediation is also more time-efficient than a court-based hearing. Assuming the parties succeed in coming to an agreement without recourse to further hearings, the entire time taken up by the mediation process will be far less than that of a courtroom hearing and the case settles months if not more than a year prior to when a trial would have occurred.
Also, the privacy of mediation is an advantage for many. Because of the general rule that court hearings must take place in public, anyone can listen in on courtroom proceedings and review the transcripts and court orders regarding what happened.
For those who would prefer to keep their disagreements private as much as possible, mediation may be an option that is more preferable than trial.
The preservation of a relationship is also a reason why many people choose to mediate. It is easier to emerge from a legal disagreement with mutual good will when the parties involved can add to the discussion in an informal setting, includling when all parties decide to spend the same time attempting to work toward a mutually-agreeable outcome.
Are There Disadvantages to Mediation?
It should be noted that mediation will not work in every setting. The fact that there is no third party with the power to decide the issue means that the success of the process depends to a large extent on the cooperation of those in dispute. If your advesary does not take mediation seriously as a strong option to attempt to resolve the case sooner, for less money, and in a context where the parties can control the outcome, than mediation can be a waste of time.
What Qualities Should a Good Mediator Have?
A good mediator will be someone with both legal expertise and negotiation skills.
As most mediators are legal professionals by trade, it is important to ensure that a mediator is experienced in the type of claims that the suit involves and in helping people resolve those type of claims.
Therefore, the best mediator is someone who is focused on facilitating compromise, rather than reaching decisions. Strong communication skills are a must, as are patience and understanding.
A mediator will generally be required to have 20-40 hours of mediation training.
Is Mediation the Right Route for Me?
The answer to this question depends on your specific situation. As mentioned above, there are certain disputes and situations for which mediation simply isn’t a suitable resolution method.
If your position is absolutely opposed to that of the other party, and no compromise is likely, mediation is probably not for you.
Also, if you feel you have a very strong chance of success at a full trial, you may feel that mediation is simply a waste of your time. Although, a settlement at mediation is a guaranteed outcome, while any trial involves risk and unknown outcomes.
However, where there are some grounds for believing that a resolution is possible, mediation is probably a good option for you. This is especially true if you are operating on a limited budget, or if you would prefer that your dispute resolution took place behind closed doors.
Also, for a dispute like that arising from a road accident, it’s likely that the informal setting of mediation will succeed in bringing about some agreement or goodwill between the two parties.
Are You Ready for Your Mediation Hearing?
By now, you should have a good idea of what’s involved in mediation.
A mediation hearing can be a daunting process. However, it has a lot of advantages over a traditional courtroom hearing.
If you want to get the best possible mediation attorney, or you want advice on any type of personal injuries issue, don’t wait. Contact us today to arrange a consultation.
Posted in: Personal Injury