In the majority of personal injury lawsuits both parties settle outside of court. This means that they don't go before a judge to have them decide the fate of the conflict. Instead, they go through a process called meditation. Mediation is generally the best way to reach a resolution and to save money. Here are some things you need to know about mediation.
1. During Mediation Both Sides Will Have A Turn To Express Themselves
One of the good things about mediation is that it gives both parties the chance to express themselves and argue the merits of their case. To begin the mediation the mediator will go into each room and hear the facts of the case, your evidence or grievance against the other party, and any other pertinent information. Then the mediator will tell you if they believe that you have a case. They might go through and tear apart your case, validate certain points or do both. The idea is to let you know if you even have a realistic case and what your chances are if you take it to court.
A good mediator will beat down both sides enough so that they are willing to find a resolution. The goal of mediation is to settle so if both sides believe that they might lose in court, they will be willing to compromise.
Since the mediator is usually an experienced litigator or former judge, their expertise is helpful in knowing how strong of a case you have.
2. Mediation Could Take Hours Or The Whole Day
There is no way to know how long mediation will take. It completely depends on both parties and the complexity of the case. Some mediations can resolve themselves within hours, although this is uncommon. If the resolution was that simple, the parties can usually resolve it without a mediator. Instead, it is more common to go back and forth for many hours, even the entire day.
3. Documents Will Be Drawn Up Right Then and There
Once a resolution has been met, one of the parties will draft the contract to sign. This will give the other party time to review it and sign it. Then once it is done, it can be done and settled. There shouldn't be more time spent on the case, which is why mediation is such an ideal choice. It may be a long couple hours or day, but once it is finished it is done.
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