The responsible party must pay for damages when improper actions have caused personal injury to another person. Financial reimbursement to the victim is usually paid by the insurance company of the responsible party, who is known as the defendant. Financial compensation from the defendant’s insurance company is awarded to the injured victim to help you or your family’s life return to before the accident happened. The amount of compensation differs if personal injuries are life altering or extremely serious. In the past these compensations have been awarded in court. Alternative methods of resolution have now become available, mediation being one of these methods.
Personal Injury Mediation and What It Is
Alternative Dispute Resolution, ADR, is used to settle some disagreements such as personal injury accident disputes. One form of ADR is a mediation strategy. Lawyers can use the mediation process effectively to understand opposing counsels case strength when court is the first action before a case is resolved. Mediation may be required before a case enters the court process and in some municipalities it is required. Even through mediation a mutual agreement may not be reached. Some instances of mediation beforehand can help with the settlement being reached much quicker.
The Mediator And What They Do
A mediator is a professional trained in mediation techniques. They speak with both parties and counsel, privately and in a group, to reach a resolution for differences. Mediators are impartial to both sides and cannot offer counsel or their personal opinions. Their role is confidential and cannot be used as evidence for either party.
Why Would A Lawyer Choose Mediation?
Your Personal Injury Lawyer in Waterloo may choose mediation to avoid a lengthy trial. When mediation is a part of the process it encourages both parties to be open to communication and to reach a settlement. During mediation each party is given the opportunity to create their solutions and then discussed with both parties in the hopes a decision is mutually resolved and beneficial. Suggested resolutions can be rejected or accepted.
Your personal injury lawyer in Waterloo will be able to counsel you about the use of mediation as some cases benefit more from mediation than others. There are some important points you should remember with mediation:
● With mediation each party will be allowed to explain their position and make suggestions for solutions.
● Mediation allows for clarity from each parties point of view.
● Mediation helps each party find agreements they may have in common.
However, it was best for the lawyer to handle your negotiations, because you don’t have enough experience to do it. Thus, it is important to work with a lawyer that is experienced in mediation and representing clients at trials.