Personal Injury Mediation vs. Litigation: Pros and Cons
Key Takeaways:
- Mediation is a type of alternative dispute resolution (ADR) to resolve a personal injury case outside the court process.
- Mediation can be less expensive, less time-consuming, and allows for more creative solutions.
- Not all cases can be resolved with mediation, and litigation may be the only way to ensure you get full compensation.
After a personal injury accident, you can file a lawsuit to recover damages. Going through court can take a lot of time and money. You can resolve your case faster by going through mediation. However, there are pros and cons of mediation and litigation.
To understand which option might be best for you, talk to an experienced personal injury lawyer. They will be in the best position to assess your case, consider the defendant’s position, and plan the best strategy to get you the compensation you deserve.
What Is the Difference Between Litigation and Mediation?
When you file a personal injury claim, you are seeking damages for injuries caused by the defendant. This generally creates a dispute. You suffered injuries and must pay for medical bills, lost income, and property damage. The defendant doesn’t want to pay anything. Filing a lawsuit is a way to resolve the dispute.
Most personal injury claims are based on negligence. For example, in a car accident claim, the other driver may be liable for negligent driving that caused an accident. The other driver was negligent when they failed to drive like a reasonable person and caused an accident. This gives the injured party a legal claim to recover damages.
Litigation is the legal process of taking your claim to court, and a judge determines who is liable and how much the liable party owes in damages. Mediation is a way to solve the dispute outside the court proceedings. In mediation sessions, the parties get together and mutually agree to resolve the dispute.
What Is Mediation?
Mediation is a type of alternative dispute resolution (ADR). Mediation and arbitration are the most common types of ADR. Mediation is an alternative to litigation where the dispute resolution process is outside the court system.
In mediation, the two parties get together with an impartial third party called the mediator. The mediator works with the parties to facilitate creative outcomes to resolve the dispute. The mediator can meet with the parties together or individually to narrow down the issues in dispute.
The mediator does not decide the outcome. Instead, the mediator helps the parties come up with their own resolution. Mediation can take minutes or days, depending on the dispute. When they devise a solution, the mediator may draft the agreement and have the parties sign it. Then, the legal dispute comes to an end. The mediation agreement can be legally binding on the parties.
What Are the Benefits of Mediations?
There are several benefits of going through the mediation process instead of litigation. Some of the advantages of mediation include:
- Mediation is more cost-effective
- Mediation is less time-consuming
- Ability to come up with creative solutions
- Mediation is confidential and not part of the public record
Many civil courts have a backlog of cases, and it can take weeks or months for your case to get before a judge. You can resolve a case through mediation within a few days at a much cheaper cost. Individuals can also devise whatever solution works best for them, instead of the judge’s decision that no one may be happy with.
What Are the Advantages of Litigation?
Mediation does not always work. Sometimes, the person at fault doesn’t want to admit it, no matter how much evidence there is. It can take a judge to impose liability before they will pay for damages. If you have a strong case, you may also get more compensation from a jury award than from a mediation agreement. The litigation process is also out in the open. Enforcing a court decision may also be easier than enforcing a private agreement.
Can a Personal Injury Attorney Help With Mediation and Litigation?
When a personal injury lawyer takes your case, they should prepare to take it to trial. Trial preparation can give you negotiating power when you go into mediation. Your attorney can proceed with the lawsuit if the insurance company never offers a fair settlement.
If your case goes to mediation, your attorney can prepare you for the process. Your attorney can help you get what you need from personal injury mediation. Before signing a settlement agreement, you can ask your attorney for legal advice. Deciding whether or not to take a settlement offer or continue to trial is a tough decision. Your attorney can advise, but the final decision is up to you. If you have questions about the benefits of mediation, talk to your personal injury attorney to make an informed decision.
At LawInfo, we know legal issues can be stressful and confusing. We are committed to providing you with reliable legal information in a way that is easy to understand. Our pages are written by legal writers and reviewed by legal experts. We strive to present information in a neutral and unbiased way, so that you can make informed decisions based on your legal circumstances.