5 Ways Auto Accident Cases Are Different in Mediation than Litigation
When a person is injured in a car accident and the case is not quickly resolved through settlement, he or she often has two choices about how to proceed with the case: mediation or litigation. These processes are very different from each other in meaningful ways, including:
- Mediation is a collaborative process
- Mediation is less expensive
- The parties talk face to face
- The parties are the decision makers
- Creativity is key
Mediation is a collaborative process in which both parties are encouraged to work together to solve a dispute. In litigation, the parties are treated as adversaries with competing interests. Because mediation encourages the parties to confront an issue together, they are often able to reach an amicable decision about the case in a fraction of the time than would be possible by asking a court to decide the matter.
Mediation does not involve all of the expensive costs associated with litigation, such as expert witness fees, discovery costs and attorney fees. The parties can choose to be represented by counsel if they would like so that their rights are protected. Because mediation often helps to resolve the case faster, the parties can still save on the amount they pay in legal fees since their lawyers will not have to spend as much time on the case.
When a case is brought to court, the parties have no direct interaction with each other. They may each testify and give their point of view, but they do not talk directly to each other. In mediation, the parties may talk face to face, which make the case feel more human and approachable.
In litigation, a judge or jury makes the final decision about a case while the parties make the decision in mediation. A third-party neutral mediator helps guide the parties toward settlement, but the parties ultimately decide whether or not to settle the claim.
Because the parties get to decide their own outcome of their case, they can reach agreements that are rooted in creativity. For example, they might agree for a settlement to be made through an annuity or agree to continued medical payments.
