When most people think of a personal injury lawsuit, typically the first method of resolution that comes to mind is a trial. However, trials are often incredibly expensive and can cost tens of thousands of dollars. One of the main alternative dispute resolution options to a trial is to go through mediation where an impartial third party helps the two sides reach a settlement deal.
Mediations are usually voluntary, however, sometimes a judge will order the parties to mediate prior to proceeding with trial. If you are facing mediation in your personal injury case and have questions about how it may impact your rights, an experienced San Francisco personal injury lawyer can help answer your questions and prepare you for the mediation process.
Confidentiality in Mediation for Personal Injury Disputes
Mediation is an informal process where both sides meet with a mutually selected party who helps them reach a settlement. Mediation sessions are private and confidential. Matters discussed, including demands or offers made by each side, are privileged and inadmissible in administrative or court proceedings with the exception of certain issues such as:
- Fraud
- Abuse
- Criminal activity.
If a settlement is not reached during a mediation session, and the dispute is litigated in any administrative or judicial proceeding, neither the mediator nor their notes can be subpoenaed by either party.
Mediation sessions can take place at any time during the course of a case, including prior to filing any legal action with the court, after initial litigation proceedings, and after several years of litigation proceedings.
It is beneficial to both sides, as well as to the mediator, to have gathered enough evidence to support the position one takes at mediation. The best time for mediation should be determined on a case-by-case basis.
What is the Role of the Mediator in Personal Injury Cases?
Whether going through the mediation process is voluntary or has been ordered by the judge, the mediator does not have decision-making power like a judge in a courtroom. Mediators assist the parties in communicating and understanding each other’s positions, including the strengths and weaknesses of each side’s case, but do not make any rulings.
Mediators can enhance the attorneys’ ability to competitively negotiate on behalf of their clients in personal injury disputes. A skilled personal injury lawyer can be the difference between a positive and negative outcome in your case. Our team has decades of experience in mediation and has the resources and knowledge you need to reach a positive outcome.
A resolution at mediation is reached only if the parties voluntarily agree to it. Therefore, the parties maintain control over the outcome, and no decision is forced upon them. Meanwhile, in a trial, the judge or jury has the authority to make a final decision on the dispute. The court considers the evidence, arguments, and applicable laws to reach a legally binding final verdict.
Mediation Vs. Trial: Costs and Duration
While a trial can take several days, weeks, or even months, a mediation session can be completed in a few hours or a few days, depending on the complexity of the issues and the willingness of the parties to negotiate.
The cost of participating in mediation is usually much lower than the cost of completing a trial. This is because preparing for a personal injury trial involves extensive costs for experts, depositions, document preparation, jury fees, and even flight, hotel, and meal costs depending on where the trial is held.
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How Much Does a San Francisco Personal Injury Lawyer Cost?
Everyone deserves excellent legal representation, regardless of financial status. Countless individuals have had to make the difficult choice between pursuing justice and taking a significant financial risk. We are proud to work on a contingency basis, meaning that we take on 100% of the financial risk associated with any case. Our clients only pay us if we win.
Your consultation and representation in mediation are entirely without cost. Our team of San Francisco Bay Area personal injury lawyers has decades of experience in cases like these. Mediation requires advanced skills and our team is routinely awarded with the state’s most prestigious legal awards.
If you decide to take legal action, contacting an attorney as soon as possible is critical. This keeps your options open and gives your attorneys sufficient time to execute thorough investigations, build strong legal arguments, and put you in the best position to obtain a favorable case result.
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Why is Mediation Important for San Francisco Personal Injury Attorneys?
If there is a reasonable chance that a personal injury client can obtain a more valuable result by negotiating a settlement rather than by litigating at trial, keeping in mind the time, cost, and risk associated with a trial, a mediation session may greatly assist the parties in reaching a fair resolution of the case.
Even if a mediation session does not result in a settlement, the mediation process can serve as an essential tool for your personal injury attorneys to learn about the strengths and weaknesses of your opponent’s case as well as your own. This can give us a vital advantage in future proceedings.
At Arias Sanguinetti, we provide award-winning legal representation. We will do everything in our power to get you the compensation you need. Our experienced team has recovered over $1.5 billion in damages for those we represent. Contact us today to set up a free case review and learn how we can help you through every aspect of the legal process including mediation.
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