When Personal Injury Mediation Goes Wrong

by mgarcia on March 21, 2013

When a person is involved in an accident and sustained injuries and experience emotional distress, he has the right to claim for financial compensation against the person who has caused the mishap. He can file for a personal injury lawsuit and go on a trial. However, this legal action can be expensive and may not be recommended for everyone. Often, the plaintiff and the defendant can negotiate and resolve the issue through out of court settlement such as mediation conducted by licensed compensation lawyers.

Why you should choose mediation?

Mediation is a negotiation process wherein both parties, with the help of their respective mediators, can resolve their dispute by reaching a mutual agreement. The mediator, either court-appointed or private, will aid the procedure by listening to the complainant and the defendant. After which, he will present a compromise. In other circumstances, he can also help the involved parties have an effective communication through mediation techniques.

Unsuccessful Personal Injury Mediation: How to prevent it?

Undergoing such negotiation can be beneficial for the plaintiff and the defendant involved in personal injury cases. It can easily pave way to a quicker agreement with less hassle, risk and costs. Apart from resolving the dispute, the agreed settlement can also include an effective plan if the resolved issue arises again.

In most circumstances, mediation can be successful. According to a statistics, 80% of meditation procedures resulted to positive results. However, it depends on the nature of the case, effectiveness the mediator, and willingness to resolve the dispute. Once negotiation talks go wrong, invested time and money can all go down the drain. The complainant other options are to precede the case to the court or settle the disagreement privately. When in mediation consider the following tips for successful agreement on personal injury case:

  • Choose a mediator – Even when both parties are willing to resolve their dispute, a mediation can go sour because mediator’s inadequate knowledge and experience. It is important to conduct through research on his qualifications and experience before hiring him.
  • Mediate early – Early mediation is recommended as much as possible to prevent the plaintiff from hassles. Keep in mind, there should be sufficient records and files to proceed.
  • Engage in pre-mediation – It is also important to let your mediator have the necessary information which can help him understand the case and thus, representing you more effectively. Present proof and discuss negotiation boundaries before the actual mediation with the defendant.
  • Do not increase compensation during mediation – Sudden change in claims without added damages evidences can turn pure intentions into bad faith. This can then result to unwillingness of the disputant to negotiate.

When seeking payment from the person who has caused either personal injury or emotional distress, mediation can help both parties to settle an agreement without the need to go on a court trial. However, successful negotiation can turn awry due to circumstances such as late mediation and hiring an inexperienced mediator. Always seek services from professional and licensed lawyers to help reach an agreement in any dispute.





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