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The fact of the matter is that throughout the last few years we’ve observed a slow yet definitive movement away from what seems to be a time-consuming, stressful and expensive adversarial legal system when we need to settle disputes stemming from personal injury cases. Instead of this old-school approach, people tend to rely more on something far more contemporary and also effective – mediation. Even lawyers as well as insurance adjusters are beginning to recognize the significant value that stems from mediation and push towards using it a lot more frequently.
In recent years, it has become something particularly common. If you have managed to somehow reach a stable impasse during the phase of negotiations, you don’t necessarily need to go for a trial. You can opt for mediation as it is capable of providing you with a convenient way out of it.
The Basics of Mediation –
Mediation is a process in which the parties which are involved are going to sit down with a third party who is supposed to be completely neutral – he’s the mediator. He is a trained professional and is going to help people to reach a mutually beneficial solution for their particular conflict. Mediation is not mandatory or compulsory – it is absolutely voluntary and you can or can’t take advantage of it, depending on your own good will. Most of them have experience with mediation with a legal background. Often they are retired judges or injury lawyers with goof negotiating skills.
The mediator is not going to give his opinions and he’s not going to make decisions. If the parties do not agree on anything throughout this particular process, they will have to start over from where they left.
What about the cost?
The cost of mediation is generally split equally between both involved parties. This is something convenient, given the fact that the process is rather informal. The purpose of this procedure is to actually allow the sides to have its say without being burdened with specific legal consequences and procedures. What is more, they shouldn’t fear that they will lose if they say something wrong.
The mediation is a process which follows a very simple and basic conversational structure. IT’s not something overly burdensome and it’s not going to cause any significant issues when it comes to it. This is a procedure which is freed up of the burden of legal consequences and that’s the main reason for which a lot of the parties’ respect and prefer it.
Mediation is, however, important. While it’s not compulsory in personal injury cases, a lawyer is capable of getting the most out of it. This is why you should not underestimate his or her involvement in it. The lawyer is capable of making sure that you draw the best benefits out of the mediation procedure and that is most definitely something that you want to achieve.