Most personal injury cases that are filed in Wilmington and throughout North Carolina reach settlements, or private agreements made between the insurance company and the claimant. The path to a settlement, however, may involve mediation. Knowing what to expect if your personal injury case goes through mediation can help you adequately prepare.
What Is Mediation?
Mediation is a private, confidential meeting where the parties involved in a personal injury case meet before a mediator, or a neutral third party, to negotiate the terms of a resolution or settlement agreement. It is a form of ADR, or alternative dispute resolution; it allows the parties to resolve a legal dispute through structured communication without the need for a trial.
How Does Personal Injury Mediation Work?
During mediation in a personal injury case, the mediator (often a retired judge or lawyer) will speak with each party individually, then convey messages from one side to the other. The mediator will be tasked with facilitating communication between the parties, resolving conflicts, and negotiating offers and demands to try to find a compromise that works for everyone.
Preparation
Mediation starts with preparations to get ready for the meeting. This typically involves gathering relevant information, evidence and documents to learn the basic facts of the case. Plaintiffs may also consult with personal injury lawyers in Wilmington, NC to prep for mediation, determine objections for the meeting and know what to expect.
Joint Session
At the beginning of mediation, both parties will come together in a joint or shared session with the mediator. The mediator will explain the process and establish ground rules. Then, each party has the opportunity to make an opening statement. They may also have a joint discussion to explore potential compromises and shared areas early on.
Separate Session
From there, the parties will go into separate rooms for private caucuses with the mediator. Each party can speak openly with the mediator in a confidential setting. The mediator will then convey messages in a diplomatic way to the other side, making it easier for the parties to communicate and come to an agreement.
Closure
With guidance from the mediator, both parties can exchange offers and counteroffers through facilitated negotiations. The goal is to reach a resolution that satisfies both parties. At the end of the meeting, it is up to the involved parties whether an agreement is reached or whether the case will have to continue (i.e., further mediation, arbitration or trial). Unlike a judge, a mediator does not have the authority to make a binding decision on the case.
Why You Should Contact a Wilmington Personal Injury Attorney Before Mediation
It’s generally in your best interest to contact an attorney prior to any scheduled mediation meetings in North Carolina. An attorney can give you a clear picture of the facts of your case, accurately calculate how much your personal injury claim is worth, help you identify goals for your meeting, and steer you toward a favorable resolution with less stress and wasted time.
If you choose to have an attorney represent you during mediation, you can increase your chances of achieving a fair and full settlement from a defendant or insurance company. Your lawyer can help you with key negotiations and prevent you from accepting a lowball settlement that undervalues your losses.
To speak with a highly experienced mediation lawyer in North Carolina about your individual case, call Shipman Wright & Moore, LLP at (910) 762-1990. We offer cost-free initial case evaluations.