What to Expect from Truck Accident Mediation
Mediation is an attempt to settle a legal dispute. It relies on the parties involved in the case actively participating and being guided during the process by a skilled conflict resolution specialist. Before participating in this process, it is important to know what to expect from truck accident mediation.
Truck accidents often involve many parties, including the accident victim, the truck driver, the trucking company, the cargo company and others involved in the trucking business. These parties may participate in mediation or have a representative such as an insurance adjuster represent their interests. In many cases, the parties have given the representative the authority to settle the case up to a certain amount. To exceed this amount, the representative may need to contact the party and get this permission. The accident victim and the defendant may also have their lawyer present during mediation so the lawyer can advise them of their rights and negotiate a fair resolution.
The mediator is an unbiased professional who uses conflict resolution skills to help the parties reach an amicable decision about their case in a way that satisfies all parties. The mediator may meet with the parties individually or in a joint meeting. During these meetings, the mediator tries to discover the parties’ underlying interests so that he or she can guide the parties to a mutual agreement that satisfies the interests of all parties involved.
During mediation, it is not uncommon for the defendant and its attorney to paint the plaintiff’s case in the most negative light. This is a common strategy for the defendant to try to minimize the value of the claim. However, this information can provide useful feedback about the challenges the plaintiff may encounter if he or she decides to proceed with litigation.