Car Accident Mediation: What to Expect
Car accident mediation is a voluntary process that provides a legal remedy for settlement of car accident claims. Completely confidential, car accident mediation allows the parties involved in a car accident claim to settle outside of court and avoid the high costs (both in time and money) of a courtroom trial. The process is voluntary and both parties involved in the mediation process are able to take the case to court at a later date if mediation doesn’t offer an acceptable resolution.
As an alternative dispute resolution process, car accident mediation is facilitated by a neutral, third-party mediator who will look over the details provided by both parties before the mediation process begins. After each side provides its brief, including the cost of damages incurred and demands for settlement (if any), both parties will discuss the details related to the incident. The accident mediator will facilitate this discussion and help both parties based on his or her knowledge of state and federal laws.
When preparing for car accident mediation, keep in mind that you will need evidence relating to the accident. This can include copies of police reports and insurance policies. While having your own lawyer representing you in car accident mediation is not required, it is important to remember that the insurance company will likely have their own attorney present if an insurance company is involved in the claim.
The actual car accident mediation process will likely take place in a room where all parties meet together to discuss the details of the claim. Each party will give an opening statement that includes details related to their “side” of the dispute. After all statements have been heard, the parties will then work on a legal settlement jointly. The accident mediator remains neutral throughout the entire process, which means that he or she will not make settlement decisions for the parties, nor will he or she decide who is “right” and who is “wrong.”