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Personal Injury and Mediation

January 3, 2021 — by John Conger
Tags: Personal Injury And Mediation

lawyer and client discussing caseFollowing a serious accident, it’s crucial to discuss your legal claim with a personal injury attorney. The lawyers at Shore, McKinley, Conger & Jolley, LLP can help individuals in the Stockton and Walnut Creek, CA, area seek compensation to address medical expenses, property damage, and other losses.

Not all personal injury lawsuits go to trial. In many instances, they are settled out of court. Sometimes mediation is recommended for personal injury lawsuits to help avoid drawn-out legal battles. Our law firm explores the nature of mediation and why it may be right for your case.

What Is Mediation?

Mediation is a voluntary method of resolving a legal case outside of court. It helps both parties negotiate, compromise, and reach a settlement. The process is facilitated by a mediator, who is often a former judge or attorney.

A mediator is a third party who has no stake in either side’s legal success. The role of the mediator is to help the two sides communicate and come to a mutually satisfying agreement.

The Benefits of Mediation

Mediation has many benefits when compared with going to trial. These benefits include:

  • Saving Time - Mediation helps avoid going to trial, which means preventing a months-long or even years-long court battle. It can also allow more immediate conversation between parties over disagreements or disputes.
  • Saving Money - With less time spent on your personal injury claim, that means less money spent on legal costs, and greater savings overall.
  • Making Communication Possible - When two sides in a case reach an impasse, it can be difficult to compromise. Mediators help make compromise possible since they have no personal stake in the legal claim.

When Should I Consider Mediation?

Generally, mediation is recommended when settlement negotiations seem like they’ve reached a stalemate. When neither side is willing to make concessions, consider the evidence, or listen, mediation tends to be the ideal option for avoiding trial.

While working on your case, our Stockton personal injury lawyers can let you know when it’s a good idea to pursue mediation as a means of resolving your case. Both sides must agree to mediation first, and we can help get the conversation started with the legal representatives for the other party or parties involved.

The Mediation Process

During the mediation process, the two parties in the case meet in a neutral location. In some cases, the parties are separated into different rooms. The mediator will go back and forth between each party, listening and conveying information to the other party.

The mediator will not make decisions for either side, but will help both parties reach an understanding of the facts that makes a mutually agreeable compromise possible.

Discuss Mediation with a Personal Injury Lawyer

Mediation is just one of the many ways that our personal injury attorneys can help you. If you’ve been injured in an accident and need legal counsel, we can provide insight into the litigation process and what you can expect. Our team is here to help you receive the compensation you deserve for your injuries and hardships.

Schedule a Legal Consultation

For more information about your legal options following an accident or serious injury, it’s essential that you schedule a consultation with the lawyers of Shore, McKinley, Conger & Jolley, LLP. We encourage you to contact our team of attorneys online or call our law firm at (209) 477-8171.