As an alternative to long and complex judicial processes, some victims opt to go for mediation, an informal process that allows both parties to resolve a dispute without involving the courts.
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During mediation, a mediator, a neutral third person, opens a dialogue between the disputants, until they reach a final agreement. This process provides many advantages as it is more private, less expensive, controllable, and faster, with some cases lasting only a matter of hours.
Mediation, however, has its disadvantages. While it can resolve disputes in a more expedient manner, it lacks the procedural and constitutional protection of the court. Hence, settlement agreements do not always guarantee fairness, especially for victims who are seeking higher compensation. There are also instances where disputants fail to settle an agreement, which, consequently, leads them back to court.
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The best way to decide whether or not to go for mediation is through a thorough understanding of the personal injury claim. For example, if both parties have already decided upon who was at fault for the accident, and said liable party is willing to immediately compensate for the damages, mediation can be the best option to save time, money, and effort.
Attorney Ann S. Sheeley has more than 25 years of experience in handling personal injury cases. For a free consultation, visit this website.
I understand why some are taking advantage of different types of alternative dispute resolution particularly, mediation. Its fast, inexpensive, and less stressful.
ReplyDeleteWell written article. Thanks for sharing this.
ReplyDeleteHi! My sister is getting prepared to go to mediation. How can she handle her own attorney’s costs? Thank you.
ReplyDelete