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Why May You Have A Mediation In A Personal Injury Case?

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A mediation in a personal injury case is an Alternative Dispute Resolution or also known as a ADR. It is when the plaintiff and the defendant meet before their scheduled trial. A case may also go to mediation because both parties agree to one or a judge can order the parties to attempt a mediation before trial. If both parties decide not to settle then they will proceed with a trial. Before agreeing to a mediation or not it is always recommended that you speak to a Miami personal injury lawyer in order to fully understand your rights and any and all requirements you may have under the insurance policy or by statute. 

What Type of Things Come Up? 

Mediation is a confidential process in which a neutral third party, known as a mediator, assists the parties in discussing and attempting to resolve their differences. The parties have the opportunity to describe the concerns, discuss their interests, understandings, and feelings, exchange information, and brainstorm ways to resolve the conflict. While Courts might order certain issues to be resolved through mediation, the parties are not required to come to an agreement, therefore the procedure remains “voluntary.” The mediator does not have the right to make decisions for the parties, but he or she can assist them in reaching an amicable conclusion. In mediation, the parties themselves are the only ones who can resolve the conflict. The mediator will explain how the process works, his or her responsibilities, and assist in establishing ground rules and an agenda for the meeting. Parties are not required to have an attorney present for mediation but bringing a Miami personal injury attorney will help you be prepared and help to impede you being taken advantage of. Following this, the parties usually make their opening statements then a combined session is used by some mediators to perform the full procedure. Other mediators, on the other hand, will split up into different sessions and go back and forth between the parties.

What Does A Lawyer Do In A Mediation? 

A Miami personal injury lawyer can do many different things throughout the mediation process. They can assist the client and provide legal advice on issues and offers the other party may have made. As well as represent the client and undertake all communications on behalf of the client. They can also help choose the agreed upon mediator. This may allow for a smooth and most importantly an unbiased mediation. Furthermore, a Miami personal injury lawyer can assist the mediator in drafting terms and conditions of the settlement if agreed by both parties or draft these themselves in some instances. Nonetheless, a Miami personal injury lawyer must act in good faith at all times. In other words, lawyers are innately not supposed to destroy others’ rights or interfere with the benefits that they are to receive from entering into a contract or a settlement. This is governed by the lawyers ethical code. 

Although you are not legally required to have a lawyer present during a mediation, it is highly recommended. At PereGonza The Attorneys, we can assist you with explaining your rights and all of the decisions you may face during the lengthy and complicated mediation process and would be happy to help in any way we can. 

Article by: Alyssa Marie Otero


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