Trial isn’t always the answer, and most times, clients don’t ever have to set foot in the courtroom. Before a case makes it that far, it’s usually settled between both parties. We would say that 90% or more of litigated cases are settled during mediation or a settlement conference. What is mediation, and how does it work?
Definition of Mediation
Unlike a trial, where there is a clear winner and loser, mediation allows both parties to reach a mutual agreement. Instead of a courtroom, both parties meet privately with a mediator, a neutral third party offering guidance. The mediator is usually a retired judge or an experienced litigation attorney. Ultimately, all the decision-making comes down to the parties alone, not a judge or jury. This meeting allows both sides to be heard and resolutions to be created and agreed upon.
The Process and Benefits
Mediation is a last resort to find a resolution before going to trial. The mediator will hear from both parties and their own side of the story, concerns, and so on. After hearing from each party, the mediator will speak confidentially with one side at a time, which allows them to speak more freely. Then, the mediator will help the two parties come together and work out an agreement, if possible. If one or both sides cannot settle, a trial is the next step.
Mediation has plenty of benefits as it allows clients to avoid going to trial. Some of the main reasons mediation can be a great solution include:
- Unlike a trial, a mediation session is entirely confidential and private
- Costs of mediation are much lower than courtroom fees
- It is less stressful and less confrontational
- Both parties can be creative when reaching a compromise
- Mediation is much faster than waiting for a court verdict or appeal.
Your Next Steps
While we have participated in plenty of mediations, we also are ready to head to trial if needed. We never want our clients to accept a settlement or resolution that does not work in their favor. Every victim of an accident deserves justice, and we won’t stop if mediation is unsuccessful in proving full justice for our injured clients. While reaching an agreement peacefully is usually best, our team is ready to take your case to trial if it’s in your best interests.
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