What to Expect in Personal Injury Mediation

By James F Page

Mediation as the preferred method of resolving personal injury cases is rapidly becoming the norm in many states, especially in areas when court dockets are clogged and litigating a case requires extensive time and money. Mediation, as opposed to litigation, for personal injury disputes allows the parties involved to resolve their settlement quickly, economically and privately, without the dispute ever being made public.

If your personal injury dispute has been sent to mediation--whether voluntarily or involuntarily--you may be confused about the process and what to expect from it. There's no need to worry! In fact, mediation is a lot less intimidating than litigation; all you need is a little preparation.

In most mediated cases, the injured party and his or her attorney will sit down with a representative from the responsible party (or insurance company) and their attorney to discuss the details of the dispute. A neutral, third-party mediator will manage and guide the discussion, ensuring that it stays on track and that each party involved has the opportunity to clearly state his or her position and expectations for the dispute's resolution.

Here's what you can expect from the mediation process:

1. Expect to give an opening statement
Many mediators will ask the parties in dispute to give an opening statement. This is the opportunity each party receives to clearly state their position in the dispute. Some mediators might forego this step, opting instead for the parties to individually provide their opening statement in private with the mediator before the beginning of the joint session.

2. Expect to hear jargon that you might not understand
You might hear terminology such as 'conditional offers,' 'bracketed offers' and 'subrogation.' If you don't understand what these mean, your attorney and/or mediator will be able to explain them in detail to you. If they don't do this immediately, feel free to ask. Since mediation is not as formal of a process as litigation, you can interrupt the discussion with a question whenever you have one.

3. Expect to be in mediation for several hours--possibly even all day
While mediation is less time consuming than litigation, which can take months and even years to complete, it could still take several hours or all day to complete. At the end of the process, you still might not reach a resolution in your dispute. This is generally the point where parties decide to set up a meeting for mediation one more time or move ahead with litigation.

If you have questions or concerns about personal injury cases, please call James Page at 407-341-0069 and set a schedule for your consultation. James is an approved as a certified mediator and has been representing individuals regarding personal injury issues throughout Florida. Visit http://www.pagemediation.com for more information.

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