What is Mediation in a Florida Personal Injury Claim?

What is Mediation in a Florida Personal Injury Claim?

Sometimes negotiations concerning your settlement can drag on and on and it may feel like there is no end in sight unless you agree to go to trial. As disheartening as this feeling can be, there is actually another option available to you. Mediation is a tool that is frequently used to help people resolve their legal claims much more quickly.  

Keep reading for a quick summary of how mediation is conducted during a Tampa personal injury claim and how it can be used to your benefit.

When in a Personal Injury Claim Does Mediation Take Place?

Personal injury cases typically take several months or even years to come to a resolution when the parties cannot agree on a settlement. If this happens, one or both people involved can request to have a personal injury mediation set up. Taking this step does not have any legal prerequisites. In the event that mediation is successful, however, it can save both sides a lot of time and a lot of money by avoiding the unpleasantness of going to court. 

This process includes an impartial third party, referred to as a mediator. The mediator does not need to have a legal background or any legal expertise, although both would be very useful. Often, the attorneys involved in the suit will choose another attorney, a former claims adjuster, or another individual with some kind of legal or legal-adjacent background, however, anyone of their choosing is able to fill this position. Mediation is not free, there is a price, and although it isn’t cheap, it is very economical when held up to the cost of a trial. The cost of mediation is traditionally divided among the people involved in the claim. 

What Happens in Personal Injury Mediation?

While no two mediation sessions are exactly alike, the formats of the sessions are very similar. Basically, mediation is a casual meeting that adheres to the following outline::

  • Introductions, which usually include a short description of the mediator’s purpose and the goal of the meeting
  • An opening statement is given by each of the attorneys
  • Each side presents her or his case before the mediator 

The mediator may not give any legal counsel at any time during the meeting. Their goal is simply to promote an open dialogue between those involved, evaluate the problems that are preventing an agreement, and suggest potential solutions.

If both sides are still unable to reach an agreement, any information that was revealed during the mediation meeting is prohibited from being repeated in court.

You Benefit From Having an Attorney With You During Mediation

Having an attorney in your corner and present during mediation can serve you in several ways, like ensuring that the mediator remains unbiased. Also, your attorney will be able to prepare you prior to mediation to make sure that you know what to expect.

If you have been injured because of another person’s careless behavior, our Tampa personal injury attorneys are able to determine whether or not you have grounds to seek financial compensation for your damages. You can schedule a free initial consultation by calling our Tampa law offices at (813) 463-0123 and speaking with one of the experienced Florida personal injury attorneys here at Fulgencio Law.

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