Florida Personal Injury Mediation

The uncertainties and expenses of litigations have prompted more plaintiffs to settle their personal injury claims through less costly and speedier alternative dispute resolution (ADR) methods such as mediation. Mediation is an opportunity for disagreeing parties to attempt resolution in an informal setting.

An overview of the mediation process

In mediation, plaintiffs can tell their versions of events, without the formalities and time restrictions characteristic of a trial. Due to the more relaxed structure, mediation is for the most part highly successful in resolving disputes. Mediators are neutral third parties who do not render decisions as judges do. Rather, mediators encourage the parties to work out their own solutions.

Mediation is an established process in which a trained facilitator works with both parties together and individually. Usually, the parties meet collectively to go over their issues and in some cases move to separate rooms, with the mediator shuttling back and forth between them. In other cases, the entire mediation takes place in one room, with one party or the other stepping outside for a brief period of time. In addition to the parties’ readiness to work together, the process’ success depends on how experienced the mediator is in fostering settlements and how willing the parties are to work out an agreement without court intervention.

Tips for a successful mediation

Consider the following:

  • Allocate some time. Achieving settlement takes much less time than litigation, but it requires flexibility and patience.
  • Get your mediator to trust you. If you are straight with your mediator, the mediator will better transmit the advantages of assenting to your position.
  • Facilitate settlement by sharing information. Mediation is not meant to provide discovery to the other side, but an exchange of information can facilitate a mediation agreement.
  • Be amenable to negotiating. Be flexible and make sure that your attorney knows your boundaries.

You are bound by the terms of your mediation agreement if every party agrees in writing to settle. If you cannot agree on a settlement, you may have your case tried in court.

Plaintiffs in the Clearwater area increase their chances of receiving just compensation by hiring a Florida lawyer experienced in personal injury mediation who can guide you throughout the process and review any agreement reached.

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