The negotiations for Florida personal injury claims can take a while but in certain situations, the negotiations are dragged to an extent that you would prefer a trial. The entire process becomes time-consuming and frustrating, especially for the victim.
Imagine you have been through an accident, you are still recovering from your medical condition, and you are suffering pain along with the anxiety of bearing expenses. It becomes extremely difficult to reach an agreement on settlement terms. For this reason, a solution is available; known as mediation.
Mediation allows open communication between the parties involved to resolve conflict and satisfy both parties outside the court. It is a legal procedure and is placed to help people in resolving legal issues. This is effective in fast-tracking the settlement process.
You need to have information regarding mediation and how it can benefit you in settlement cases.
When Mediation is Applied in Florida Personal Injury Claims:
Florida personal injury claims often take months or even years to be resolved, one or both parties can seek a personal injury mediation. There is no legal requirement to be fulfilled before entering into a mediation process.
In 2019, data from the USA shows an increase of 36% in personal injury and product liability cases. This depicts that each day, several cases are being filed. Cost and time advantages are provided in resolving a case through mediation. The longer your case remains open, the more cost you will be spending on the case. Similarly, when it comes to time consumption through mediation, you can complete the proceedings in one day. Soon after, you will receive your settlement amount.
The mediation process requires an unbiased mediator who acts as a neutral party. It is not necessary to have a career in law or legal expertise. However, possessing any of the qualifications would be an added advantage useful for the case.
Any attorney from either side can select another attorney for mediation, any person, regardless of a legal background or not, can be chosen for this process. Mediation is not an economical process; However, trial costs more than mediation. Most importantly, the cost of mediation is shared by both the parties involved.
How The Process of Mediation Takes Place?
You will be discussing your key issues related to personal injury in an informal setting. It is an out-of-court hearing where the discussion takes place in the presence of a mediator. The mediator is often trained to lead productive conversations and apply techniques to resolve a conflict between parties. The mediator guides both parties to reach a compromise and agree on settlement terms. Even before filing a lawsuit, you can reach a settlement through a mediator as well.
The law of Florida requires you to utilize mediation before trial. The services of mediation can be availed upon request. Mediations vary according to each case. The basic structure followed includes:
- Aims and goals of mediation are discussed in a brief introduction
- Opening statements are provided by the attorneys of each party
- Each party involved in the case will present the facts to the mediator
- Closing statements are made according to the case
- Proceedings of mediation remain confidential as the mediator may require to meet each party’s attorney separately
- Upon agreement, parties sign the essential documents
- If the dispute is not resolved then the case goes back to court for a trial.
The mediator is prohibited from providing legal advice during mediation. Mediation process facilities open discussion about the issues and identification of possible solutions. A written contract is formulated once the involved parties mutually agree. The details discussed during mediation cannot be repeated in court.
Does Mediation Work? Get in Touch with Us:
Disagreements and disputes are bound to happen when two parties are involved in a personal injury case; whether it be an accident or conflict with an insurance company. Instead of opting for the option of a court, it is beneficial to use the mediation process. The majority of the personal injury cases are resolved through mediation.
Without the use of additional resources and time, your case can reach a settlement decision through mediation. You can choose the offer of mediation if you find it suitable and fair.
If you are facing litigation or mediation in Florida personal injury claims, contact us to get professional support. Years of experience and practices help us in guiding you through the process and reaching effective outcomes for you.
If you or your loved ones experienced an unfortunate case of personal injury, let us protect your legal rights and provide you the claim you deserve.