If you have been injured in a car accident that was another driver’s fault, you will likely be able to recover compensation for your injuries. Most car accident claims are settled out of court, but some require filing a personal injury lawsuit. 

Once a lawsuit is filed, the parties may use mediation as a way to negotiate a settlement before trial. Keep reading below to learn more about what happens during a car accident mediation in Columbus, GA.

What Is Mediation?

Mediation is a form of alternative dispute resolution. Mediation is commonly used in car accident claims and other types of personal injury cases. During mediation, a neutral third-party (the mediator) attempts to help the plaintiff and defendant arrive at a settlement. Mediators usually have a thorough understanding of the law, and they sometimes are attorneys or retired judges.

One important thing to know about mediation is that the mediator cannot force you into a settlement. That differs from binding arbitration, in which an arbitrator makes a decision that the parties are required to follow. During mediation, the mediator helps both sides communicate and work toward a mutual agreement. If no agreement is reached, the case will continue toward trial.

What Should I Expect During My Mediation?

Mediation might sound like a scary and daunting event, but there is nothing to be afraid of during mediation. Knowing what to expect can help put your mind at ease and have you fully prepared for the event.

Introduction of the Parties

Mediation does not happen in the courtroom. Instead, it happens at a neutral site, and many times it will take place at your attorney’s office. When the mediation gets started, the mediator will typically introduce all the parties who are present. Additionally, the mediator will explain their role in the process and how they will work to help you reach a settlement.

Information Gathering

Once the parties have been introduced, the mediator will usually ask some questions about the case. Most of the time, the mediator already has some background information on the case from the attorneys. However, the mediator may ask for additional details to help them understand as much as possible about the claim.

Meeting With Each Party

This is the time when the parties typically separate, and the mediator will meet with each party individually. Your attorney will be present with you during this meeting. During this time, the mediator is likely to discuss your settlement demands and give you some of their thoughts about the case. 

What you tell the mediator in a private session will not be shared with the other side unless you authorize the mediator to share it.

Back and Forth Communication

Now, the heart of the mediation begins. The mediator will go back and forth between the parties, relaying information and making recommendations to both the plaintiff and defendant. Since the mediator knows the strengths and weaknesses of each case, they can make strong recommendations about whether a settlement is warranted or not.

Settlement Agreement

If a settlement is reached, the mediator will typically draft a settlement agreement. By settling the case, the plaintiff is able to get their compensation much more quickly than by going to trial. The defendant also benefits from a settlement. By avoiding trial, they avoid the risk of losing at trial and paying the victim much more than they anticipated.

Contact Mark Casto Personal Injury Law Firm To Schedule a Free Consultation With a Columbus Car Accident Attorney

The duration of your mediation can vary depending on the complexity of the case, whether liability is being questioned, and the willingness of both parties to reach a settlement. On average, you can expect your car accident mediation to last around 3 to 5 hours. If one party is not willing to negotiate, then the mediation could end very quickly. However, some mediations may last for several hours as the parties diligently work to settle the case. 

If you were injured in an accident in Columbus, GA, and need legal help, contact our Columbus car accident lawyers at Mark Casto Personal Injury Law Firm to schedule a free case review today.

Mark Casto Personal Injury Law Firm
233 12th St #808, Columbus, GA 31901
(706) 940-4030