After a car accident, truck accident or other personal injury, you will likely have to answer many questions to get justice. The answers to those question help dictate how your case should be handled. If you and your attorney decide to pursue personal injury mediation, you will need to choose a mediator to oversee the process.
Choosing the right mediator can greatly enhance your chances of a successful result. Choosing the wrong mediator can turn the process into a waste of time. There are several things you and your personal injury attorney should consider in choosing a mediator.
Experience Matters
Just as you should always choose a lawyer with experience in your type of case, you need a mediator who understands the way personal injury disputes are resolved. Many mediators are retired judges with substantial experience in disputed matters. That does not necessarily mean they understand accidents like the one in which you were injured. It is vital to find someone who has the legal background and experience to understand why you deserve the compensation you are seeking.
Temperament Matters
Knowledge is important, but it isn’t everything. A successful mediation requires both parties to agree on the resolution of the dispute. That means the mediator must be able to deliver as fair an outcome as possible that both you and the opposition, likely an insurance company lawyer, will agree to. If one or both parties see the mediator as rude, biased or unwise, the likelihood of agreement is low. A good mediator will be easy to work with and command respect from both parties.
It’s a Question of Influence
You don’t want the mediator to be your best friend. If the mediator is clearly biased in your favor, what are the chances the other party will agree to the terms of the mediation? Instead, the mediator must remain neutral while exerting great influence over the process.
Mediation is only necessary because the parties are unable to reach a settlement on their own. To be successful, the mediation must cause someone to change. A mediator without the ability to influence the outcome will not be successful.
What Is the Point of Personal Injury Mediation?
In choosing the right mediator, the key is to remember the point of the mediation. If you don’t like the outcome of the mediation process, you have the right to walk away. While the process isn’t binding, that doesn’t mean you want to waste your time and effort to get nowhere.
Mediation can help you avoid the unpredictability and pressure of a trial, while still giving you the compensation you deserve. That positive outcome is much more likely if you and your attorney choose the right mediator for your situation.
