Dealing with personal injury claims involves a lot of terms that may be unfamiliar or used in unfamiliar ways. For those who have been injured and are looking for resolution and compensation these terms tend to sound like noise between you and your goal. Terms like litigation, settlement, compensation, and mediation get brought up in the context of a lawsuit ending.
Clear Counsel Law Group aims to provide clarity and insight into the legal world and personal injury cases specifically. So, here’s a breakdown of mediation, what it means, and how it works in Nevada to help you.
Understanding Mediation
Mediation is a process where all sides in a dispute agree to work with a neutral third party to try and reach an agreement. This third party is usually an experienced attorney or a retired judge. Mediation can happen before or after a lawsuit is filed. The goal is to come to a mutual agreement on who’s at fault and how much compensation should be paid.
How Does Mediation Work?
In a typical mediation process for a personal injury claim, the following steps take place:
- Hiring a Mediator: Your personal injury attorney hires a professional mediator or approves of one suggested by opposing counsel. Costs for mediators can be high, often running into thousands of dollars, but most times, the attorneys cover this initial cost on contingency.
- Separate Rooms: During the mediation, each party stays in a separate room. The mediator moves between these rooms to learn about and understand each party’s perspective.
- Discussion and Negotiation: The mediator listens to the injured party’s claim and the defendant’s side of the story. Then, they communicate back and forth between the two parties, trying to help them reach a compromise.
This process can take as little as a day and a single round of conversations but tends to take a few weeks as evidence is weighed, and each party makes points and counter arguments within the informal setting.
Why Mediation Can Be Effective
Mediation is often effective because each party usually believes they are right. A skilled mediator points out the weaknesses in each party’s case to encourage compromise. If one party is asking for a high amount and the other is offering much less, a mediator can help bridge this gap.
The Role of an Attorney in Mediation
A personal injury attorney’s assistance in mediation is crucial, especially in cases involving significant injury. Here’s why:
- Expert Guidance: If you go to mediation without an attorney, especially in complex cases, the other side (often the defendant’s insurance company) may assume you’re not fully prepared to handle the nuances of your case. This could lead to them undervaluing your claim.
- Negotiation Skills: An attorney understands the legal issues at the heart of a case and can negotiate effectively on your behalf.
- Interpreting Mediator’s Feedback: Attorneys can help interpret the mediator’s advice and adjust negotiation strategies accordingly.
Mediation in Small Claims Court
In small claims court, mediation is often required, and attorneys usually aren’t involved due to the small scale of the claims. The push for mediation at this level is a sign of its efficiency and lower costs over litigation.
Arbitration vs Mediation
A mediator does not make a decision but guides the parties toward finding common ground. Mediation is non-binding, meaning the parties are not legally obligated to follow the agreed terms unless they choose to formalize them.
Arbitration is more like a court proceeding but less formal. An arbitrator (or a panel) listens to both sides and then makes a decision regarding the case. Unlike mediation, arbitration is often binding, meaning the arbitrator’s decision is final and legally enforceable, similar to a court judgment. While arbitration is quicker than a traditional court case, it offers less room for negotiation compared to mediation.
Arbitration comes up frequently in claims made against services and large companies. Those with opt-in clauses to use their services, such as a website or a members-only club, include language calling for arbitration in the case of a lawsuit or complaint.
Is Mediation the Right Choice?
Mediation is generally a positive step toward settling a personal injury claim. It indicates that both parties are serious about resolving the dispute. However, it’s important not to “wing it.” If you’re heading into mediation, securing legal assistance ensures your interests are adequately represented.
Whether you’re involved in a small claim or a more complex case, having an attorney from Clear Counsel Law Group by your side can make a significant difference in the outcome of your mediation. If you find yourself in this situation, don’t hesitate to call for a consultation and learn more about your legal options.