What is Mediation?
At The Law Office of Marc Boutwell, we understand how stressful and time-consuming litigation can be. That is why legal mediation services are an excellent alternative for resolving disputes! In many cases, mediation is the best option for all parties involved. Some of the benefits of mediation include:
- Parties have more control over the outcome
- Less complicated
- Fair and impartial
- Improves cooperation and communication
A mediator, or mediation lawyer, takes an unbiased approach to the issue between you and the other party. This makes them neutral facilitators and not affected by the outcome. If you are involved in a legal dispute, our legal team can help determine if mediation is right for your case. We will work with you to ensure a fair, impartial, and speedy mediation process.
The resolution or settlement of the dispute is at the discretion of you and the other party.
- You nor the other party need to be sworn in
- You nor the other party need to share documents
- You and the other party choose what information is shared
Steps in the Mediation Process
Step 1: Introductions- The mediator and the parties will introduce themselves, and the mediator will present the ground rules. The parties will sign a confidentiality agreement, and the parties will explain their role to ensure neutrality.
Step 2: Opening Statements- Each side presents its case and evidence starting with the plaintiff.
Step 3: Caucuses- The mediator separates the parties and asks them about their case. This allows the parties to speak more freely and hear the mediator’s opinions of the case.
Step 4: Bargaining- The parties begin to focus on offers and counteroffers. This is where the parties will attempt to resolve the issue.
Step 5: Ending- The mediation ending will either be an agreement signed by the parties or an agreement that the case will not be settled through mediation.
What is Considered a Personal Injury Case?
Personal injury occurs when one person harms another by action or negligence. Personal injury lawsuits can be filed as intentional or unintentional:
- Intentional: occurs when the plaintiff can prove the defendant intentionally meant harm
- Unintentional: occurs due to careless actions of the defendant
There are many types of personal injury cases, ranging from car accidents to slips and falls. Whatever the case may be, personal injury is complex, and you want the best resolution.
Mediation in Personal Injury Cases
Legal mediation services allow personal injury cases to be resolved by the parties involved without going into a courtroom. Mediation is very popular in personal injury cases because the parties involved have more control over the outcome of the dispute and receive more of the settlement. Mediation for personal injury cases is more cost-effective, impartial, simple, and speedy!
If you are involved in a personal injury case, you may want to consider mediation as an alternative to going to trial. Mediation can be less expensive and less time-consuming than a trial, providing a more informal setting for resolving your dispute. Personal injury mediation is typically voluntary, meaning both parties must agree to participate. However, in some cases, mediation may be ordered by a court.
Is Mediation Acceptable for All Personal Injury Cases?
Mediation is not appropriate in all cases, and it may not be possible to reach a mediation agreement that is acceptable to all parties. If mediation is not successful, the parties can still go to trial. Mediation is confidential, which means that anything said during mediation cannot be used later in court.
Marc Boutwell is experienced in legal mediation services and has handled many personal injury cases. If you are involved in a personal injury case, contact Marc Boutwell to see if mediation may be right for you!