Auto accident cases can lead to long, expensive trials. To avoid the expense and stress of a trial, involved parties often try to reach a settlement through mediation. Mediation is a type of Alternative Dispute Resolution (ADR) managed by a neutral third party whose goal is to help both sides come to a satisfactory agreement or settlement.
While parties go into mediation hoping to settle, the process is not always successful. An Atlanta car accident lawyer from John Foy & Associates will provide you with trustworthy, insightful advocacy during your mediation. If the process does not produce a settlement, we will advise you and fight for you through the next steps.
Mediation Explained
Through mediation, a neutral third party selected by your attorney and the at-fault party’s attorney acts as a “middleman” and works to broker a fair settlement between you, the plaintiff, and the at-fault party, the defendant. Since your side has a say in who is selected to mediate, it is crucial that you have an experienced car accident lawyer acting on your behalf. Your lawyer will not agree to a mediator who already has a connection with the defendant or who has shown biases in favor of defendants in general.
Upon convening, the mediator and both sides meet together. Your attorney will present an opening statement explaining the settlement demand and evidence supporting that demand. Then, the defense will present their side and their offer, which will be lower than what you deserve.
Following these statements, the opposing sides will go to separate rooms. The mediator will speak with each side, asking questions to better understand their respective positions, discussing the strengths and weaknesses of each side’s case, and offering reminders about the risks of going to trial. The mediator will present offers and counter-offers proposed by each side as discussions progress.
How Long does Mediation Take?
There is no “set” duration for the mediation process. Even opening statements can vary in length from a few minutes to a few hours. When there is less conflict and fewer issues to iron out, the process usually moves more efficiently.
Most cases require more than one mediation session, so do not be discouraged if you do not reach a settlement after the first attempt.
Rules for Mediation
To ensure fairness and process efficiency, The Georgia court system has established an extensive set of regulations governing the mediation process and defines the roles and actions involved in mediation in Code 19-7-1. Having an attorney well-versed in these regulations is essential to a successful outcome.
When Mediation Leads to a Settlement
Mediation can lead to a settlement, but for the process to be truly successful, that settlement must represent fair compensation for the injuries, financial losses, pain, and suffering you have endured and will continue to endure because of your accident.
At the start of the mediation, the defense will make a lowball offer and likely try to intimidate or otherwise manipulate you into accepting it. An auto accident lawyer from John Foy & Associates will not entertain these insulting offers and will advocate for you fiercely to work to get you the amount you deserve. Our team has years of experience navigating the mediation process, and our strategies have brought successful outcomes for our clients.
Upon reaching a settlement, both sides will sign paperwork documenting the terms of the agreement, and the attorneys will prepare additional paperwork required for the filing with the court. As the plaintiff, you will sign a “release” to acknowledge the case resolution.
When Mediation does Not Produce a Settlement
Sometimes, mediation does not produce a settlement. When this happens, your attorney will discuss your options with you, and you may take the case to trial. This scenario does not mean that an out-of-court settlement is out of the question.
Both sides can continue to negotiate up to the court date and then continue negotiating even as the case moves through the court system. Often, these continued negotiations lead to a settlement. If they do not, the case will be decided by a jury.
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The Benefits of Mediation
The most obvious benefit of mediation comes when the process produces a fair settlement. Not only have you avoided an expensive, lengthy, and stressful trial, but you have secured the compensation your injuries and justice demand.
However, even if mediation does not lead to a settlement, it is still a beneficial process. Through the discussions and information sharing, your attorney will get a thorough sense of the defense’s position and what issues the defense will probably focus on at trial. A skilled car accident lawyer will use this knowledge to strengthen your case.
It is important to note that what you say during mediation cannot hurt you at trial. At the start of the process, both sides sign confidentiality agreements. Further, the mediator cannot disclose anything you say in your discussions to the defense without your consent.
Having an Experienced Mediation Advocate is Key
To have the best chance at a successful mediation outcome, you need a personal injury lawyer experienced with the process. Your lawyer will:
- Work to select a credible mediator
- Present a strong opening statement
- Negotiate strategically and protect you from unfair offers
- Guide you through the process
- Collect valuable information to use at trial should mediation fail
The team at John Foy & Associates understands how mediation works and how important it is for you to receive a fair settlement. We will not “cave” to inadequate offers but will work hard to reach an agreement to save you from having to go to trial. That said, we will not encourage you to accept less than you deserve just to avoid trial and will provide you with loyal, superior representation should you take your case to court.
We Will Fight for You During Mediation and at Trial
The losses you sustain from an auto accident can devastate you physically, emotionally, and financially. These losses warrant substantial compensation. Contact an auto accident lawyer from John Foy & Associates, who will provide you with compassionate and vigorous representation through the mediation process. If the at-fault party refuses to make a satisfactory offer, your lawyer will continue to fight for you at trial proceedings.
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