Car Accident Mediation Walkthrough
Are settlement negotiations with the insurance company not working out? There’s always the option of pursuing litigation. However, there are several disadvantages to taking this route: 1) trial cases take time and the associated expenses can be quite high, 2) the outcome is ultimately decided by the jury, and 3) suits almost always enter public record. If you would prefer to handle your case in a confidential and voluntary manner, and with direct control over the outcome, then mediation may be for you.
What Is Mediation?
In mediation, disputing parties that wish to avoid a lawsuit agree to sit down with a neutral third party (the mediator) who is professionally trained to facilitate conflict resolution. The process is informal and entirely voluntary, and either party may opt out at any time. A settlement is reached only if both sides agree to it; the mediator does not have any decision-making power.
What mediation allows is for each side to present their case without the burden of special legal restrictions, and without fear that what they say may be used against them in later stages of the dispute. This encourages a more forward, open approach. When disputing parties are sitting in the same room, face-to-face, they are more likely to compromise with one another.
Is Mediation for Me?
Given the benefits and cons of mediation, you might want to consider trying to mediate your claim if:
- The compensation amount you desire and what the adjuster is offering, without budging, is more than $2,000 apart;
- The primary dispute is over the extent of your injury and/or the distribution of fault; or
- Negotiations have otherwise stalemated, but you don’t want to deal with a trial.
Your best bet is to consult with an auto accident attorney who is also an experienced mediator.
Have questions about your car crash case? Contact the Wilshire Law Firm for answers and advice. We can provide you with a comprehensive evaluation of your options in a FREE consultation. Just call us today at (800) 522-7274, and one of our dedicated legal experts will help you right away.
