Mediation - An Option for Resolving your Personal Injury Dispute without Going to Court

A personal injury dispute can happen due to a car accident, slip and fall, or any type of injury due to someone else's negligence. A lot of times, individuals settle for way less than they should because they do not seek advice from a personal injury attorney. Although sometimes necessary, a trial is a last resort.

Many plaintiffs do not know that they have another alternative dispute resolution available to them.

Mediation is a great alternative dispute resolution that many will try first before letting a case go to trial. Mediations allows individuals to solve the personal injury matter without having to step foot in a courtroom or in front of a judge. This option will save the individuals thousands of dollars and stress.

If you are trying to get a settlement for your personal injury to cover the costs of your medical expenses, lost wages from your job and other costs associated to the case, this alternative option is going to be great for you. You will need to have all the information available in order to go over it with the other party. This will ensure that all measures are taken care of in one instant.

A mediator is going to be in the room with you and the other party during the entire discussion. It is not their job to make any decisions regarding the settlement or the case. Their job is to help each party talk to one another in a civil manner and to ensure all matters are discussed at once to resolve it. A mediator can either be chosen by both parties or they can be court appointed. The parties will be responsible for paying the fees associated with the third party mediator. The mediator will ensure that the session is done smoothly and they will manage it the entire time the parties are working together.

The parties will also be allowed to have their attorneys present during the meeting along with the mediator. The mediator is going to ask that the parties still talk on their behalf. The attorneys present will ensure that the parties are following the laws and making good judgment decisions regarding the settlement and personal injury dispute.

There are six steps that will take place for mediation.

  • 1. The parties will make introductory remarks regarding the case

  • 2. Each party will be able to list all problems that they have regarding the case

  • 3. All of the information from the parties will then be gathered

  • 4. All of the problems will then be identified in front of the parties, the mediator, and the attorneys present

  • 5. All of the bargaining options and identification options will be laid out in front of the parties

  • 6. If the mediation is successful, the parties arrive at a final agreement

Trials are a long, drawn-out process that can be very costly. This is why this alternative option is one that many are willing to take. The process is faster and the costs are extremely lower. Each party is generally happier with the results because they have more control of what is being done regarding the personal injury.

Another benefit is that this method is private unlike a trial. If you feel it is possible to settle your personal injury case through mediation, speak with a certified mediator in your area today.

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Workers Compensation
Attorney Profile:

Meet Colorado Workers' Compensation, Personal Injury and Insurance Dispute Attorney R. Mack Babcock

Prior to founding The Babcock Law Firm, LLC, R. Mack Babcock spent many years on the other side of workers' compensation , personal injury and insurance disputes representing some of the largest insurance companies and corporations in Colorado as an attorney at a midsize insurance defense firm.

Babcock is a member of the Colorado and Denver Bar Associations, the Colorado Trial Lawyers Association and the Workers' Compensation Educational Association.  In early 2008, he was elected as the Colorado House District 43 Committee Chairperson for the Douglas County Colorado Democratic Party. In connection with this position, he is responsible for finding a candidate(s) to run for House District 43, overseeing the campaign(s), organizing volunteers, and also sits on the executive committee for the Douglas County Democratic Party.