Today topic is going to be mediaton in a car accident case.
In the context of a car accident claim mediation is a process in which a trained mediator helps you and the other side to try reach an agreement.
Mediation can’t require either party to do anything. It’s all voluntary. Instead, they facilitate I guess dialogue.
Trained mediators bring all partys together. You can’t force insurance company to mediate.
However, it is a good, how I gonna call it, good tool if you don’t want to pack your briefcase and had to court right away.
Can be cheaper. It can result in resolving your car accident case quicker. It’s worth giving it a try.
Mediation can happen before a lawsuit was filed. Mediation can also happen after you file a lawsuit.
What happens in mediation?
Basically, the partys in advance agree to the rules. They sign a mediation agreement. One of the aspects of that is going to be confidential. None of that stuff learned in mediation can be used in litigation if it happens.
Basically, the partys get together. If you are the petitioner you’ll go ahead and explain your side of the story.
The other side explains their side. The mediator can either have all partys in the same room, or use the shuttle process where he zipps, or she zipps between rooms, and the party are separated in those 2 rooms.
He tries to make each side understand their strength, and what’s also more important the weaknesses of each side’s case.
In their opinion kind of give us some guidance as to which way to go. We’ve had sucess in mediation, we’ve also had to walk out of mediation.
It just depends if the other side is really ready willing and able to get claim or case resolved once we are there.
What’s important in a few tips when it comes to mediation. One of the most important ones is that you have to have the person that’s going to be making the final call be present.
Becouse, you don’t want to reach an agreement and then, they’re gonna have to call somebody and just get there okay.
That sometimes can definetely scruw everything up. The decision maker has to be present when it comes to in the room being accessible right there and then.
Mediator has no authority to force an agreement. Even if the mediator thinks it’s a good agreement that’s been reached.
He can’t force it so both side have to say like: “Yep, that’s what we want, they sign off on it, and then the case is resolved.
Hope this helps when it comes to mediation car accident cases.
However, if you have any other questions for me, don’t hesitate to call me at 314-352-6800.
Thank you very much, and have a good day.