Not all cases where a person is injured need to go through a full blown trial and appeal process. In some instances, mediation may be the appropriate procedure. In a mediation, both sides agree upon a third party who will attempt to bring the sides together in a settlement. The mediator charges a fee which is split by the parties. Typically, a mediator will meet jointly with the parties at the beginning of the session. After hearing each side’s argument, the parties are separated into different rooms and the mediator shuttles back and forth discussing each party’s position.
A mediator can be brought into the process of a personal injury claim at any point either before or after a lawsuit is filed. One of the big advantages of a mediator is that it saves costs. It is not unusual for either side to spend $50,000 pursuing their claim through the courts in a trial and perhaps an appeal of any verdict.
As an example, I recently had a mediation for a serious personal injury claim. At the end of the day the case was settled for slightly less than $1,000,000 and my client received their payment very quickly without any appeals.
