Mediation is a way to settle disputes without going to court. When two parties disagree about certain matters, such as who is responsible for an injury or how much compensation they deserve, the parties involved in the dispute have several options.
They can go to civil court in some cases, but the process is lengthy and unpredictable. Frequently, those seeking compensation from another party prefer to settle the matter quickly rather than to wait in terminally for their day in court. Lawyers may want to explore the option of mediation as a way of resolving personal injury claims. Should a client express interest, they may need support while preparing for mediation.
How can lawyers help their clients get ready for personal injury mediation?
Discussing the process
Most people don’t know what to expect during mediation, so an attorney may need to educate their client about the basics of the process. Clients who understand the structured conversation facilitated by a mediator may be more ready to answer questions and assert themselves in a mediation environment.
Clients who understand that the process is confidential may feel more comfortable giving in-depth details about how the injury has affected their daily life, career and relationships. Those who know they have a chance to give their side of the story are less likely to interject when the other party initially speaks.
Attorneys can also explain to their clients how to present the best image of themselves possible during the mediation session by dressing appropriately and retaining their composure. They may even want to practice responding to specific types of questions so that they don’t become anxious or aggressive in front of the mediator.
Establishing realistic goals
Mediation is only successful when both parties agree on a specific arrangement. To reach an agreement, both parties attending mediation often need to make compromises.
Someone seeking compensation for a major injury may need to gather medical records and other information so that they can request the highest amount of compensation possible. That way, even when they compromise, the amount they eventually receive is reasonable based on their current and likely future losses.
Clients also have to establish baseline expectations with their lawyers so that they can confidently walk away from mediation without signing an agreement if the other party is incapable of compromise and refuses to make a reasonable settlement offer.
Lawyers who help their clients prepare before personal injury mediation may be able to assist them in securing the best outcome possible. Recommending mediation as a faster, more private way of resolving an injury-related dispute could help a lawyer provide the best service possible to a client.