Weighing the Pros and Cons of Mediation in Personal Injury Cases
Most of us only think of in-court-litigation in resolving a personal injury claim. However, mediation is a popular form of alternative dispute resolution used in many cases to help personal injury claims bring a resolution to their case. In most cases, mediation provides both parties with the option of resolving their case without going to court and spending time and money. However, there are some drawbacks to the mediation process. Before you jump into mediation, it is best to discuss both the pros and cons with your personal injury lawyer.
The Pros of Mediating a Case
There are many advantages to mediation, some of which are discussed below in more detail:
- Price: One of the major advantages to mediation is the significantly cheaper cost. Unlike in-court-litigation, mediation may only cost a few thousand dollars, which is most often shared between the parties.
- Time: Most court systems are backlogged and unable to hear cases as quickly as plaintiffs would like. On the other hand, mediation can be scheduled at the convenience of the parties involved in the lawsuit and the mediator.
- Control: If your case goes to trial, you are bound by the findings of the jury and the judge. However, the results of mediation are not binding unless all of the parties agree to enforce the terms in writing. In other words, without your consent, the terms will not become binding.
- Litigation is still an option: If you do not like the outcome of the mediation, you can always proceed to trial.
The Cons of Mediation
There are also disadvantage to mediation, some of which are discussed below:
- Waste of time and money: Mediation can only save you time and money if both sides are honestly willing to mediate the dispute.
- Not all mediators are the same: If you end up with a mediator who is new to the business, is biased towards personal injury victims, or who fails to assist in drafting a complete mediation agreement, mediation will be a big flop.
- Information made public: If you don’t end up coming to a resolution during mediation and you have disclosed certain key evidence or information, mediation may be more detrimental to your case than helpful.
The bottom line is that mediation may not be the best answer for every case. It is often case specific, meaning it may only be the right decision to engage in mediation based on the specific facts of your case. As such, in order to determine whether mediation is the right choice for your personal injury case, it is best to go over the details with your attorney prior to making a decision.
Consult with a Personal Injury Attorney in Los Angeles
If you believe that you or a loved one has been injured in an accident that was caused by the reckless actions of another party, you may be entitled to monetary compensation. For more information or to schedule a free consultation with an experienced negligent security accident attorney, call the Law Offices of Samer Habbas today at 888.848.5084.