Car Accident Mediation Process and Timeline
Year over year, it seems that across the United States the rate of car accidents has seen a steady increase – especially in high traffic areas and more congested cities such as New York City, Los Angeles, and many of the cities across southern Florida. The fact of the matter is that the vast majority of car accident cases are resolved outside of court, and go through some means of a settlement process or negotiations. When it comes to the most efficient ways in order to resolve the legal disputes that arise after a car accident, mediation stands out far above the rest – however, according to Ms. Anissa Morris, the top auto accident lawyer Sarasota has to offer, despite how vital mediation can be, many individuals are fairly uneducated on how it might exactly be able to resolve disputes that arise as a result of any accident, and what exactly mediation actually entails. this not only includes a description of the mediation process, but a timeline of important events as well.
What Exactly is Mediation?
When it comes to car accidents, the settlement and lawsuit process can become quite difficult to manage, as either side can often become testy in their demands for one another, as they try to impose their specific sequence of events on one another, as well as the legal system as a whole. During this process, everything might seem to lead to an argument of some kind, according to Ms. Morris, the top auto accident lawyer Sarasota has in practice, it is up to you as well as your attorney to present the clearest and most important evidence you can. And one of the most helpful means of doing this in the most civilized process possible is through mediation.Mediation is a method of alternative dispute resolution that is facilitated by a neutral third party (often called a mediator). The purpose of mediation is to resolve legal disputes without taking the case to court. Mediation gives each party an opportunity to explain their perspective and make negotiations to settle the claim. Unlike other types of alternative dispute resolution, mediation does not involve a binding decision by the neutral third party. The parties have full power to terminate the mediation or resolve the issues as they like.
In the most typical of cases, car accident mediation is between (1) the driver, the person who brough the claim, and (2) the other driver – or a representative of the lawyer of the other driver’s insurance company. In most cases, both the other party and you will equally pay for mediation. Thus, be sure that the other party is willing to resolve the matter in order to avoid wasting money and time.
Selecting a Mediator
A mediator must be a neutral, non-biased, third party who facilitates the discussion during the mediation. According to Ms. Morris, the top auto accident lawyer Sarasota has to offer, accident mediators are usually individuals who worked within the legal field such as retired judges or lawyers, who regularly mediate personal injury cases. According to Ms. Morris, the top auto accident attorney Tampa has to offer, mediators play an important role in identifying the issues, exploring the bases for resolution, discussing consequences of the agreement, and guiding the parties to accommodate the interests of the other parties. Therefore, you and the other party should carefully decide who would be the best fit for your dispute as a mediator. Before you are ready to enter mediation – it is vital that either side repair a short legal brief, which contains arguments and settlement demands. According to Ms. Morris, the top auto accident attorney Tampa has in practice, these legal briefs are then given to the mediator, as well as the other party involved in the mediation – so that everyone is on the same plane when dealing with the case.
A typical car accident mediation will begin with an introductory session in the presence of the mediator and both parties (you and your attorney, and the other driver or his or her insurance company representative). Once the mediation begins, the mediator will first inform the parties of preliminary matters and their rights. All the statements are confidential, and cannot be used in any court proceedings that follow. Once the introductory session ends, the mediation can proceed either in a single room or desperate rooms – in order to present their statements on the case, and describe the dispute from their outlook on things. According to Ms. Morris, the top auto accident attorney Tampa has practicing, the mediator will usually go back and forth to ask each party to present their best offer for settlement and the reason why such offer is fair and reasonable. If offers made by both parties are somewhat close, the mediator will suggest both parties to come to an agreement by meeting halfway. If they’re too far apart, they will recommend creating a new proposal. In most cases, mediation tends to help – but in some they don’t, and court becomes needed. For more information on mediation or to schedule a consult yourself, be sure to contact Spinner Law Firm today.