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Settlement Mediation

Definition - What does Settlement Mediation mean?

Most personal injury claims are settled without taking the personal injury claim to court. If the settlement is negotiated through mediation it is called a mediation settlement, which allows the feuding parties to negotiate the settlement through an alternative dispute resolution process rather than battle it out in court.

What is mediation?

Mediation is a formal or informal discussion, generally voluntary, which allows both the plaintiff and the defendant to discuss their case, present their evidence, and come to a mutually beneficial settlement.

The mediation is conducted by a mediator who is skilled at utilizing a variety of negotiation techniques and tactics. The benefit of mediation, as opposed to arbitration, is it allows both parties to voluntarily agree to participate in the settlement process. It also allows each party to abandon discussions at any time and pursue the case in court if they are not satisfied with the mediation process.

Should I consider a settlement through mediation?

There are several issues to consider before agreeing to mediation.

  • How much are you willing to accept for your injury?
  • How long can you wait to finalize your personal injury case?
  • Are you open to different types of remedies?
  • How strong is your personal injury case?
  • How have courts historically ruled in cases similar to yours?

Mediation is not free, and it will take some time, but it can be much less costly and time-consuming than taking your case to court. Unlike mediation, where you have some control over how much you will receive for your injury, courts and juries can be unpredictable. You may win big in court, but there is a chance you may walk away with nothing.

How much will I receive through settlement mediation?

Personal injury claims vary widely, and it is impossible to say for sure how much your mediated settlement may be worth.

Keep in mind, however, mediated cases that settle in session can provide a huge cost savings. For example, settlement at mediation means no more reporting fees (at upwards of $1,000 per deposition), no expert fees or depositions (a potential five-figure savings), and no need for sophisticated image displays, exhibits, and technological support. But the biggest savings could be lawyer's fees, which if paid hourly, could mean thousands, if not tens of thousands of dollars saved.

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