When Mediation May Be Used in Auto Accident Cases
Mediation is an option for resolving some personal injury and insurance dispute cases. It allows the parties involved in a lawsuit to work together to reach a compromise regarding a case. This allows the parties to be in greater control of the outcome of the case and to speed up the process.
There are certain times when mediation may be used during an auto accident case. Sometimes it is used before a lawsuit is ever filed. Rather than go through the tedious process of filing a lawsuit, the plaintiff’s attorney may ask the insurance company to engage in mediation. This gives the parties the opportunity to settle. Additionally, it allows the insurance company to see the plaintiff and how he or she will likely present before a jury.
In other cases, a lawsuit may initially be filed. The court may require mediation as part of the process leading up to trial. Typically, this will be required after discovery is completed. This is an important time in a case because both parties will have all of the information that may arise in the case. During mediation, the mediator may discuss how this information might affect the claim.
Another common time for mediation is right before trial. At this pivotal point in the process, the lawyers for each side are familiar with the case and are ready to proceed to trial. However, they may give mediation a try as a way to control the outcome of the case and avoid the expense and time of a trial.
Mediation can technically be used at any point during the litigation process as long as both parties are willing to participate in the process. Sometimes mediation is even used after trial as a way to avoid appeals and difficulty collecting a judgment.