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Why Mediation in Personal Injury Cases Can Be Beneficial

Posted on in Personal Injury

Wisconsin accident attorney, injury liability, Wisconsin injury lawyerOver the last few decades, mediation has become an essential tool in personal injury cases. Litigation can be stressful and time-consuming, and it may lead to expensive attorney’s fees for both parties. In some instances, mediation permits the parties, lawyers and insurance adjusters to reach an agreement without having to file a lawsuit. In most cases, mediation leads to a sensible conclusion for both parties. However, it does not always work, and if it fails early on in your personal injury case, it might be beneficial to try mediation at a later date prior to trial.

Under Wisconsin law, a judge may, in any case, order both parties to participate in a mediation, in an attempt to settle the claims, especially in personal injury cases. Depending on what county in which your personal injury case is filed, or the judge you are in front of, you may be required to participate in mediation prior to setting a trial date. Sometimes, a judge can decide to order mediation in a case, in which case both parties would be required to personally participate.

Basic Overview of Mediation in Personal Injury Cases

When mediation is scheduled between both parties, they essentially agree to sit down with a neutral third party, who is a stranger to the case but trained to help adverse parties resolve conflicts. Mediation is completely voluntary, at least prior to filing a lawsuit. As indicated above, the rules of the county or judge might require you to mediate your claims prior to trial.

A mediator is not there to make decisions, or to give any opinions. The mediator’s only role is help both parties narrow down the underlying cause of their issues and attempt to get them to compromise. Both parties speak to the mediator in the presence of each other, while the mediator acts like a referee and facilitates the exchange of ideas and information.

Finally, the costs of mediation are usually split between both parties. Mediation is an informal process and allows each side to put all their cards on the table without the fear of saying the wrong thing.

Reasons Why Mediation Is Beneficial

There are many benefits to mediation, including the following:

  • It is a cheaper way to resolve the dispute than filing a lawsuit and proceeding to trial;
  •  Mediations are performed over the course of a few sessions, and settlements are reached quickly, unlike in trials which take months or years to proceed; and
  •  Mediation offers you, and the defendant, some degree of control over the outcome of your dispute. Rather than have your case heard by a jury of strangers, unfamiliar with your claims and injuries, you have control over the outcome of your claims. Should you disagree with what happens at the mediation, you can choose to go to trial if discussions fail.

Consult an Attorney

If you suffered injuries as the result of a slip and fall accident, you should contact an experienced Milwaukee personal injury attorney who will evaluate your case and inform you if mediation is the right choice for you, prior to filing a lawsuit.

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