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The way that our legal system has been designed, the victim with a personal injury from an accident must pay money to a Personal Injury Lawyer in Sudbury, in order to feel certain of winning a fair compensation. The same victim must endure no small amount of stress, along with a lengthy wait, before obtaining that desired compensation.
Fortunately, more and more victims have chosen to try an alternative approach. It is called mediation. At the present time, it normally gets tried when 2 disputing parties reach an impasse in the negotiations.
What are the basic features of mediation?
The two disputing parties meet in the presence of a mediator. The mediator makes no decisions and offers no opinions. A mediation does not take place unless both sides have agreed to it. Nothing that either party says can be used at some future time.
What steps get taken during a mediation?
First the mediator listens to both parties, while in the presence of the opposing party. Next, each party speaks to the other party in the presence of the mediator. The mediator’s presence compels both parties to refrain from starting a heated discussion. Finally, each party meets separately with the mediator. During each meeting, the mediator tries to coax the disputing party into a consideration of certain changes in its demands.
A trained mediator takes pride in the ability to convince both sides that their demands can be altered a bit, so that a compromise becomes possible. Some mediators are retired judges. Other mediators are students that are about to finish law school. In some cases, such mediators charge a very reasonable price for their services.
One big benefit provided by mediation
During a mediation session, the adjuster from the insurance company gets forced to face the person that seeks a fair compensation. It is easier to deny someone a request made over the phone, than it is to deny a request made in person. That fact highlights one of the big benefits of any mediation.
Understand, that the pressure created by the face-to-face meeting becomes even more intense, when the mediator interacts with each party. The mediator’s argument might reveal a weakness in the adjuster’s argument, probably one that the insurer had hoped to keep hidden.
Realize, too, that the insurance company has already been forced to compromise, just be agreeing to meet with the mediator. That meeting forces the adjuster to spend time on an activity that does not promise to add to the insurance company’s profits. Think about the methods employed by an insurance company, in order to make money. By paying a smaller settlement, the insurance company saves money, and thus profits even more from the sale of other insurance policies.