During a personal injury case, going to trial isn’t your only option to get compensation for your injuries. Another option is mediation, a process commonly used to reach a settlement between two parties without ever needing to step foot in a courtroom.
What Is Mediation?
Mediation is a process that involves the assistance of a trained third-party mediator who assists the two main parties with reaching a settlement. Mediation occurs during an in-person meeting, at a time, place and location agreed upon by both parties. During this time, the neutral—someone both parties approve—will guide the parties through a negotiation process until a compromise is reached.
3 Mistakes You Shouldn’t Make During Personal Injury Mediation
Mediation might be the best choice for your personal injury case. But you want to ensure mediation works as well as possible. To do so, there are a few mistakes you should avoid.
Mistake #1: Not Being Prepared for the Mediation Process
It’s important that you enter mediation with an understanding of the main goal: negotiation between you and the other party. The process is all about the give-and-take, with you and the other party working to find a compromise. You need to go in knowing what you’re willing to accept, and what you’re not, to ensure success. To best prepare, consider reaching out to an attorney who can explain what to expect during the process.
Mistake #2: Feeling Pressured to Choose Mediation
On occasion, personal injury mediation is court-ordered. In such instances, you have no choice but to enter the mediation process. But when it comes to a claim that does not require mediation, it is important for you to enter into it willingly.
If your attorney or the insurance defense attorney badgers you to enter into mediation and you go, you are going without the right state of mind and without being on equal footing with the other party. In this situation, it’s likely your mediation will be unsuccessful for you.
Mistake #3: Walking Into Mediation Ready for a Fight
Mediation is not the setting for heavy debating back and forth—don’t go into it ready to fight. If you do, you’ll likely face a complete breakdown of communication, ending your possibilities for mediation and sending you down the path to trial.
Is Personal Injury Mediation the Right Choice for You?
Not all cases are suitable for mediation. It depends on the severity of your claim and a wide range of other factors. If you’re considering mediation for your personal injury case, first reach out to an attorney for guidance. To learn more about mediation in Minnesota, send us a message.