Personal injury cases are often expensive and time-consuming when they go to court. An Indianapolis personal injury lawyer may advise you to mediate your claim to avoid the lengthy process of litigating the claim. Mediation is an effective, efficient way to settle a personal injury claim to the satisfaction of both parties. However, you want an attorney who is both an exceptional negotiator and a talented trial attorney to handle your case. By hiring an attorney that is highly skilled in both areas, you can rest assured that your claim is in good hands in a mediator’s office or a courtroom.
What Happens in Mediation?
During mediation, all parties involved in the matter meet at a specific location with a neutral third party mediator. The mediator has no opinion or decision-making power. His role is to facilitate a discussion between the parties regarding the issues to assist the parties in arriving at a mutual agreement to settle the claim. Mediation is usually an informal process where the parties are free to state how they view the matter. Anything said during the mediation is private; therefore, parties are encouraged to be open during mediation. Mediation promotes a genuine discussion of the issue to resolve the matter without the necessity of court intervention because the conversations during mediation are private. Mediation is not a matter of public record and what is said during mediation cannot be used against the parties in court.
Reasons to Choose Mediation Over a Trial
You may have a better chance of getting terms closer to what you have requested when the other party is sitting across from you. You are more than just a file on their desk, and they are more likely to work harder to resolve the claim.
Other benefits of mediation include cost and time. Mediation can be less expensive than filing a lawsuit and going to trial. Mediation can also result in a quicker settlement of your claim which means you receive compensation more quickly than if you proceed with a lawsuit.
Should You Mediate Your Claim?
First, both parties must be willing to attend mediation. If the insurance company for the other party is not interested in mediation, it will not happen. If the company is willing to attempt to mediate the claim, you may want to consider mediation if you are deadlocked about the terms of a settlement and your offer and the insurance company’s offer of settlement are not very far apart.
However, the decision whether to mediate a claim should only be made after weighing all your legal options based on the specific and unique facts of your case. It is in your best interest to consult with an experienced Indianapolis personal injury lawyer who understands the pros and cons of mediation to determine whether mediation is in your best interest. Mediation can be binding or not binding; therefore, understanding the terms of mediation is crucial. Some matters are not ideal for mediation. Our attorneys are skilled in assessing whether mediation is the best option for you to achieve a positive outcome or whether filing a lawsuit is the best way to protect your legal rights.
Call an Indianapolis Personal Injury Lawyer
When you are injured, you need competent, sound legal advice regarding your rights. You also need an attorney who will put your interests first so that you can focus on your health, your recovery, and your family.
Call the Indianapolis personal injury lawyers of the Ken Nunn Law Office at 1-800-CALL-KEN or 1-800-225-5536 to get answers to your questions about a personal injury claim. We offer free, no-obligation consultations and case evaluations.