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The Power of Mediation in Personal Injury Claims

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The Power of Mediation in Personal Injury Claims

Brubaker Injury Law

April 4, 2024

Introduction

When it comes to resolving personal injury disputes, mediation stands out as a powerful tool. Unlike traditional courtroom battles that can drag on for months or even years, mediation offers a cost-effective and efficient means of reaching settlements. In this article, we’ll explore why mediation matters, how it works, and why it benefits both sides involved in personal injury cases.

The Numbers Speak: Why Mediation Matters

  1. High Success Rate: The overwhelming majority of personal injury cases settle out of court, with mediation playing a pivotal role in achieving these resolutions.
  2. Avoiding the Trial Grind: Personal injury trials can be arduous, time-consuming, and emotionally draining. Many plaintiffs who go to trial end up losing. Mediation provides an alternative path, allowing both parties to avoid the uncertainty and stress associated with litigation.

Understanding Mediation in Personal Injury Cases

  • What Is Mediation?: Mediation is a form of Alternative Dispute Resolution (ADR) where a professional third party—the mediator—assists two or more disputants in collaboratively resolving their differences. Unlike arbitration, which involves a binding decision by an arbitrator, mediation aims to facilitate dialogue and agreement without imposing decisions on the parties.
  • Informal Process: Mediation occurs in a less formal setting than a courtroom. Discussions take place in a neutral location, allowing both sides to express their concerns openly. The mediator’s role is not to make decisions but to structure the process and ensure equal opportunities for all parties to present their positions.
  • Confidentiality: Unlike trials, all mediation negotiations are confidential. Participants sign confidentiality agreements, ensuring that nothing said during mediation can be used against them if the dispute proceeds to trial.

Why Choose Mediation?

  1. Cost-Effective: Mediation typically costs less than litigation. It may avoid expenses related to expert witnesses, depositions, and lengthy court proceedings.
  2. Time-Saving: Mediation is quicker than trials, which can drag on for months or even years. A timely resolution benefits both sides.
  3. Control Over Outcome: Mediation allows parties to design their resolution. Rather than risking an unfavorable verdict at trial, they actively participate in crafting an acceptable agreement.
  4. Preserving Relationships: Mediation promotes cooperation and problem-solving. It puts a human face on the claim and maintains a civil relationship between the parties.

Conclusion

In personal injury cases, mediation offers a confidential, efficient, and collaborative path to resolution. It empowers both sides to find common ground, avoid trial uncertainties, and move forward with a mutually satisfactory outcome.

When negotiations reach an impasse, mediation could be the breakthrough you need. It’s an opportunity to resolve disputes while preserving dignity and privacy.

Mediation is a powerful tool, and its benefits extend beyond legal outcomes.  At Brubaker Injury Law, we’re committed to protecting your rights and holding negligent parties accountable. We’ve obtained numerous favorable outcomes for our clients at mediation.

Contact us for a free case evaluation and let us fight for the justice you deserve.

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