Personal Injury Mediation

Mediation can be a very effective way to resolve a claim without court intervention. In this article, we will discuss the benefits of mediating a personal injury claim.

During mediation, the two opposing parties sit down with an impartial third party (the mediator) in an effort to come to a mutual agreement without the need for a lengthy court battle.

The process is voluntary and a settlement only happens if both parties agree to it. The mediator is not in a position to offer opinions or make any decisions; the only job of the mediator is to help the parties involved in the dispute to hopefully reach an agreement without having to go through a long and drawn out trial.

The two sides involved in the dispute usually share the cost of mediation. This informal process allows each side to present its individual case without having to worry about procedural formalities. There is a basic structure during personal injury mediation cases, but they may have some slight variations with an individual mediator.

The mediation uses this information in an effort to help the parties come to a mutual agreement, which usually means that each party will need to reevaluate their positions and consider making some compromises in order to resolve the conflict.

Benefits of Mediation

If your attorney hasn’t been able to reach a settlement agreement with the insurance adjuster, mediation may allow you to bring an end to the stalemate. There are several potential advantages to mediation:

• Allows the parties to sit down with a 3^rd-party mediator face-to-face.
• Mediation forces the adjuster to place extra effort into resolving your claim.
• An impartial third party—the mediator—encourages the parties to break the deadlock.
• Using a mediator can help resolve the claim faster, cheaper, and easier than going to court.

Making the choice to mediate is an important one. There are some instances under which you may wish to consider mediation. These situations include (but are not limited to) the following:

• Negotiations between you and the insurance adjuster have stalled, and you’re still thousands of dollars apart.
• The issue holding up negotiation is the extent of the injury and how much responsibility each part holds for the accident.
• Negotiations have reached the point where the only moves left may be taking the case to court or attempting mediation.

Is mediation right for my case?

If you’re having trouble coming to a fair resolution to your claim, ask your lawyer about mediation. For those of you in the north Texas area, have your attorney reach out to an experienced Dallas personal injury mediator like Jeff Rasansky of the Rasansky Resolution Center.

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