How Do Attorneys Mediate Personal Injury Claims?

Greeting each other with a firm handshake

Mediation is an excellent option for those seeking a personal injury claim but who cannot reach a settlement agreement with the other party.

Through mediation, you and your Winston-Salem personal injury lawyer will meet face-to-face with the other party in the presence of a professional mediator. The mediator will remain a neutral third-party with the sole aim of bringing about a mutually beneficial resolution.

Mediation has a low cost relative to trial litigation, and it is completely voluntary, allowing both sides to participate in a non-adversarial, low-stakes discussion with the hope of coming to a resolution. You can learn more about mediation as well as how a personal injury attorney will use it as a tool to help your claim by reading on.

How Does Mediation Work?

Mediation must be raised as an option by either side and typically the plaintiff initiates it. Both sides must voluntarily agree to meet at the place and date of the mediation.

Professional mediation companies typically handle the oversight and orchestration of the process itself. These companies are almost always staffed by those with a legal background, usually former judges or lawyers. Some mediators may also have a side career practicing law.

When both parties meet to mediate, they will usually begin by explaining their interpretation of the case to the mediator with the other side present. The mediator may ask some questions and initiate a dialogue between you and the other party. Either party may also wish to consult with the mediator in private in order to gauge their assessment of a particular point or situation. Keep in mind, though, that the mediator avoids giving personal opinions and must preserve their neutrality in order to remain an effective interlocutor.

Through these conversations and the mediator’s suggestions, options for settling the claim or dispute will be presented. If both sides can agree to one of these possibilities, then mediation brought about a successful conclusion. If no agreement can be made, none of the discussion or options presented during mediation will affect the further pursuit of the claim.

In other words, mediation is practically risk free and usually presents a good first option before moving to a full-blown lawsuit.

How a Winston-Salem Personal Injury Lawyer Helps During Mediation

Your personal injury attorney will provide invaluable services during mediation. They can present your case arguments effectively to the mediator and the opposing side. They can also assemble the documentation needed by insurers and others to be fully convinced as to the nature of your injury. Experience arguing cases will also give them insight as to strategies that can be used to reach closer to your desired settlement amount.

Without a representing attorney, you face the full brunt of the other party’s litigation team, who may try to allege certain facts or make inaccurate statements in an attempt to get you to drop your case.

For these reasons and many more, you should never go into mediation unrepresented. You can start pursuing your claim and considering options like mediation today when you solicit the help of a Winston-Salem personal injury attorney. Dial the number you see above or complete the contact form to the above right to receive a free case evaluation and possibly start pursuing your claim today.

Call 866-299-1769 or use the Free Case Evaluation form to schedule a free consultation.
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