Using a Mediator in a Car Accident Lawsuit

Using a Mediator in a Car Accident Lawsuit

English: Chrysler Sebring involved in an auto ...

English: Chrysler Sebring involved in an auto accident (Photo credit: Wikipedia)

Car accidents are relentlessly stressful experiences. Damage to any automobiles involved as well as any possible injuries sustained make the aftermath of a collision both complicated and expensive, very often leading to legal action when drivers find themselves unable to resolve their disputes.

Lawsuits, however, are matters that most motorists would like to avoid if at all possible. Court cases can drag on for long periods of time and disrupt your schedule in awfully inconvenient ways. They also bring up the need for lawyers, adding yet more expense to the whole matter. Many drivers would rather settle their disputes out of court, which is when a mediator can become very valuable.

Mediation is a process that takes place outside of the courtroom, but often under the supervision of a legal official. Judges and lawyers may oversee mediation hearings, or the case may be handled simply by a trained mediator. Mediation takes place before a trial, often ordered by judges when car accident claims are first brought up in legal settings.

Settling an auto accident claim outside of court is beneficial to everyone involved, and so judges try to facilitate reasonable negotiations as much as possible. When negotiations come to a stand still, mediation is sometimes the best way to come to a resolution without going to trial.

There is no actual legal binding in a mediation setting, which means that neither party involved can be forced to do anything by any legal official, and insurance companies cannot be required to take any particular stand or action. Rather, a mediator will try to facilitate negotiations, recommend the best course of action for both parties, and try to come to a peaceful resolution. However, should either party feel that they’ve been slighted in the negotiations or fail to make good on their agreements, the case can be brought back to trial and serious litigation.

When using a mediator to resolve an auto accident claim, it is important to find a good mediator who is experienced in automotive accidents and collisions. Speak with court house officials to find out who are the most highly recommended mediators for your type of case. Try to make sure that the decision makers on both sides are present for mediation, including attorneys and insurance claims officials if possible. This is the best way to come to a peaceable and transparent agreement on which neither party will be apt to go delinquent. The last thing you want is to waste time on mediation and end up back in court once again.

Using a mediator to resolve your auto accident dispute can be a positive experience that leads to an agreeable arrangement, but only if you go about the process in the right way. Follow the advice of the court and your driving offences lawyer, find the best mediator available, and do your best to make reasonable negotiations to an agreeable resolution. It may not be a terribly easy process, but it will be much easier than taking your case to trial.

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