Table of Contents
- What Are The Alternatives To Going To Court In A Florida Auto Accident Case
- What Is Mediation?
- How Do I Select a Mediator?
- What Happens During the Mediation?
- Duration of Mediation
- What to Expect After Mediation
- An Attorney Can Explain the Car Accident Mediation Process
- What are the Advantages and Disadvantages of Mediation?
- References and Resources
What Are The Alternatives To Going To Court In A Florida Auto Accident Case
The majority of car accident cases are settled out of court through settlement negotiations. Mediation can be one of the most effective ways to resolve the legal disputes arising after a car accident. But what does mediation entail, and how does it differ from a trial?
What Is Mediation?
Mediation is a form of alternative dispute resolution facilitated by a neutral third party. The purpose of mediation is resolving legal disputes without having to take the case to court. Mediation offers each party an opportunity to make negotiations and explain their perspective to settle the claim. Unlike other types of alternative dispute resolution mechanisms, mediation does not involve a binding decision made by the neutral third party. The parties have full power to dismiss the mediation or resolve the issues as they like.
Typically, car accident mediation is between (1) the driver who brought the claim, and (2) the other driver who is the defendant, or a representative or the attorney of the other driver’s insurance firm. In most cases, both the other party and you will equally pay for mediation. Thus, be sure that the other party is willing to resolve the issue in order to avoid wasting money and time.
How Do I Select a Mediator?
A mediator is the neutral third party who facilitates dialogue during mediation. Car accident mediators are normally retired judges or attorneys who regularly mediate personal injury cases. During mediation processes, mediators play a vital role in identifying the core issues, exploring the bases for resolution, discussing consequences of the agreement, and guiding the conflicting parties to accommodate the interests of the other parties. Therefore, the parties should carefully decide who would be the best fit for their dispute as a mediator.
Before mediation commences, both parties need to prepare a brief containing arguments and settlement demands. The briefs are given to the mediator and the parties at mediation so that every party has equal knowledge of the case.
What Happens During the Mediation?
A typical car accident mediation will start with an introductory session in the presence of the mediator and both parties or their attorneys. Once the mediation commences, the mediator will first inform the parties of their rights and preliminary matters. The mediator will tell the parties that all statements made during the mediation are confidential, which means they can’t be used against them at court.
After the introductory session, the mediation proceeds either in a single room or separately in different rooms. The parties will then present their statements on the case and describe the dispute. Then, the mediator holds private caucuses in separate rooms. The mediator will usually go back and forth to ask each party to present their best appropriate offer for settlement and the reason why such an offer is fair and reasonable.
If offers made by both parties are somewhat close, the mediator will suggest both parties to come to an agreement by meeting halfway. If the offers are too far apart, the mediator will suggest both parties either (1) reconsider their decision and come up with a new proposal, or (2) terminate the mediation and proceed with a lawsuit.
Duration of Mediation
The duration of a car accident mediation can vary case by case. There is no time limit to mediation itself, so it may take up to several weeks to reach a resolution. However, the typical car accident mediation lasts a day or two.
What to Expect After Mediation
Once a resolution is reached, the mediator will draft your car accident mediation agreement in writing. The mediator will ask all of the parties to sign the agreement. Mediation agreements are often considered to be enforceable contracts, which can be upheld in court in many jurisdictions.
An Attorney Can Explain the Car Accident Mediation Process
Keep in mind that mediation is an attempt to settle a dispute out of court. You shouldn’t be forced to settle the dispute if you’re not satisfied with the resolution. Even though you’re not required to have a lawyer represent you in mediation, an experienced car accident attorney can help you to maximize the value of your case.
What are the Advantages and Disadvantages of Mediation?
Besides being a Florida requirement, mediations are common because they offer an opportunity to meet directly with the other party and greater understand both sides of the situation. Additionally, mediation is extremely beneficial in saving significant amounts of money that would be lost pursuing trials.
The court’s inefficiency is also worth avoiding, if possible. One of the few disadvantages of mediation, however, is that there lacks guarantee. Because the circumstances of an accident are always different, one cannot predict the outcome of a mediation process, or if a settlement will be made.
If you have recently been involved in an auto accident or suffered from a personal injury and want to seek mediation in your future, having an experienced personal injury attorney representing you is a necessity. Contact Boca Law today to determine if we can be of service to you.