Add descriAlternative dispute resolution (ADR) allows you to settle your personal injury case outside the courtroom. ADR comes in different ways, mediation being one of them. A neutral third party steers you to a settlement but does not issue legal advice or judgment with mediation. Below are some advantages of mediation over litigation.
Allows for Fast Claim Resolution
Personal injury cases can take months or years to conclude. Case resolution time depends on:
- The judiciary’s caseload
- The case going to trial
- The complexity of the case
Most of the factors are out of your hand.
The situation is different with mediation that:
- Does not have to go with the court’s calendar
- Can take place outside normal office hours
- Does not necessarily involve as many parties as court processes do
Thus, you are likely to conclude your claim fast if you opt for mediation.
Involves Low Case Costs
Mediation may also cost you less money than the court process. The difference in case costs arise since:
- Litigation increases legal fees
- Mediation may not require expert witnesses or subpoena fees
The low expenses mean that you get to retain more of your settlement than you would with a court judgment.
Allows Confidential Disclosures
With a few exceptions, most personal injury trials are open to the public. In addition, the facts of the case also become a matter of public records. The publicity of your injury case can unsettle you, especially if:
- The case reveals embarrassing details about your private life
- The case involves an embarrassing injury
- You wish to keep your settlement, especially if it involves a large sum of money, private The case involves details of your finances that you don’t want the public to know
Mediation offers you a way to keep your case details private. Details in mediation sessions are typically private unless you agree with the other party to publicize the details.
Eliminates the Uncertainty Factor
One of the worst things about the judicial process is that you cannot predict with certainty how a case can end. Despite your best efforts, factors outside your control determine your case’s conclusion. For example:
- A technical error can affect your case
- Judges typically have some leeway on their rulings
- You might have to chase down the defendant to enforce the court’s rulings
- You cannot get the jury to rule one way or the other
All these issues are moot when you opt for mediation. The mediation’s resolution is nonbinding unless you agree otherwise before the case concludes. Thus, you can reject an unfavorable outcome and throw yourself at the court’s mercy.
Allows a Choice of Mediator
Even though judges rely on the law to make their decisions, they have some leeway when making their decisions. The judge’s personality, past experiences, religion, and even political leanings all determine which way a judge may lean with their decision. At the same time, you cannot choose the judge to handle your case.
Fortunately, mediation is different because each side gets a say during the negotiation sessions. You can investigate the potential mediators and eliminate those who don’t fit your idea of a good mediator.
Allows Customized Settlements
Lastly, mediation may allow customized settlements that a judge or jury might not get you. Most personal injury cases that go to court involve monetary compensation. Mediation allows you to put every possible resolution on the table. You can negotiate everything, including nonmonetary compensation.
Note that an attorney can help you during negotiation since a mediator does not issue legal advice. In addition, you reserve the right to litigate your case if mediation fails. The Law Office of James D. Howes, PLLC, can give you advice during mediation, negotiate, or litigate your injury case. Contact us for a consultation to determine the best approach for your case.
https://www.jameshowesattorney.com/
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