The process of mediation in personal injury cases is not legally binding, but the agreement it produces can be. When you file a personal injury claim to seek damages for losses caused by someone else’s negligence, mediation is a way to resolve your claim without going to court. To help you reach the best possible mediation agreement, connect with an Orlando personal injury attorney from DWK Law.
What is mediation?
Mediation is a type of alternative dispute resolution (ADR). It’s a way for the opposing sides of a personal injury claim to find common ground and come to an agreement without going to trial. Participating in mediation in Florida is sometimes voluntary, but can be court-ordered.
A personal injury lawsuit can take months or even years and is often contentious and costly. When mediation works, it can save participants time, money, and stress. The process is much less expensive and a more efficient way of resolving disputes. Sometimes, parties agree within a day.
How does mediation work?
During the mediation process, a mediator helps opposing parties reach an agreement. The mediator is a neutral third party, often a retired judge. Usually, each party meets separately with the mediator, presenting arguments and evidence.
Mediators may offer suggestions, but cannot take a side or offer legal guidance or counseling. Neither party has to accept the mediator’s suggestions. The mediator goes back and forth between parties to present messages or offers and counteroffers. Sometimes, the mediator may try to facilitate a discussion with all parties and representatives together.
The mediator can help write an agreement if the parties reach one. If they don’t, the mediator can declare an impasse, and the case will likely proceed to trial.
Is mediation legally binding?
Mediation agreements are only legally binding when signed by both parties. Once signed, they are rarely overturned. Parties who breach the contract can face legal consequences. Still, voiding the contract could be warranted if any of the following circumstances apply:
- A party signed under undue influence or threat
- A party signed while cognitively impaired
- A party fraudulently misrepresented the situation or themselves
- The agreement was signed in error or contained errors
- The agreement served an illegal purpose
Get in touch with an experienced attorney right away if any of these circumstances apply to your mediation agreement.
How can an attorney help with mediation?
A personal injury attorney can help you prepare for mediation by investigating your situation, gathering evidence for your claim, and presenting arguments to the mediator. Your attorney can speak for you throughout the proceedings and guide you on what to say and what not to say.
An important purpose of mediation is to avoid the risks and costs associated with going to trial. Ultimately, the goal is to get you the compensation you deserve. Your attorney knows the value of your claim and can advise you on accepting or rejecting offers.
Along with providing fierce advocacy throughout the process, your attorney can participate in drafting the agreement and will review it before you sign. These actions protect you from signing anything that does not reflect what you agreed to during discussions or does not serve your interests.
Let us take your claim through mediation
We know the stakes are high in your personal injury case. You need compensation to restore your financial stability, give you justice, and put your mind at ease. Call DWK Law at (407) 244-3000 or complete our contact form today for a free consultation. We are ready to build a mediation strategy to help you find your way forward.