Personal injury litigation can cause some of the most contiguous and challenging cases for any attorney’s firm. However, mediation may be a way to help your client resolve a personal injury case with speed and efficiency. In fact, personal injury cases can often be resolved in mediation, offering the possibility of a swift resolution, speedy payment, and the opportunity for your clients to move on. While litigation requires a physical presence in the court with jurisdiction for the case, mediation can be carried out anywhere, including online through Zoom.
Your clients often have a lot on the line when they are in the midst of a personal injury lawsuit. They either have lost work and their wellbeing to someone’s negligence or are protecting themselves from such accusations. In either event, mediation offers a way for both parties to get what they want and stay out of court – and out of public attention.
Some common personal injury cases that can be resolved through online injury mediation include:
This is not an exhaustive list; our firm has handled unique personal injury cases from across the country. If you are dealing with a personal injury case and you think your client would benefit from mediation, contact our firm.
As a former judge with over 30 years of experience with law, Attorney Wales has the experience, skill, and insight to ensure your clients receive the best potential outcome for their situation. He believes in swift and efficient resolutions for legal disputes and knows how to do that for your clientele.
During mediation, a neutral third party meets with the plaintiff and defendant, plus their legal counsels, and attempts to help the parties find common ground to resolve the case. An insurance adjuster is typically part of the defense delegation as well. The defendant often can be exempted from being present for mediation, as the insurance company usually has the ultimate decision as to whether they will settle and how much they are willing to settle for.
As an attorney, you may advise your client to seek mediation, and sometimes a judge will even refer a case to mediation to try to avoid a trial. Accelerating the conclusion of the personal injury case and saving money are two of the most appealing benefits offered by the mediation process. Personal injury cases often involve high financial stakes for both parties, and neither of them wants to spend more on attorneys’ fees than necessary.
Mediation is faster than litigation as well. Judges with crammed dockets relish the opportunity for a resolution that doesn’t involve a time-consuming trial. Evidence discovery, pre-trial motions and hearings, continuations, and other delays can drag the legal process out for months or even years.
In addition to being faster, mediation is frequently less expensive for your clients. The billable hours involved in an attorney preparing for and working through a mediation meeting are far less than the burden of preparing for a trial. Legal fees can pile up quickly in a contentious personal injury litigation case. Leveraging mediation can save your team countless hours.
Mediation also offers a level of control over the outcome that a trial can never guarantee. As attorneys know, juries and judges can be unpredictable once an entire case has been laid out before them. A trial comes with the risk of someone being turned away empty-handed. If you believe that person could be your client, then having them consider mediation could mean a better-managed outcome.
A skilled mediator can help identify areas where one party or the other may need to be willing to compromise and guide the parties to a resolution everyone can live with.
Personal injury cases can be filled with hostility in the courtroom, and trials are public affairs that can lead to a damaged reputation. During the trial, any dirty laundry that may be relevant to the case could become public, which could be detrimental to your client. Mediation can get them the outcome they want without the publicity they don’t.
While mediation has traditionally involved the relevant parties gathering communally in a conference room to discuss their differences and seek a resolution, this process has moved into the 21st century with mediation available via Zoom. Experienced mediators like the Law Offices of Michael G. Wales can resolve disputes across the country without ever leaving their San Diego office.
Online mediation is safe and secure, and it even carries certain advantages. Online mediation is often easier to schedule, especially considering recent travel industry disruptions. Competing calendars make finding dates to meet a challenge. Virtual mediation settings are just as confidential as your office. Additionally, the distance created by speaking through a screen helps keep emotions from running amok if the negotiations become contentious. Both sides have their own breakout rooms to discuss proposals and speak separately with the mediator if necessary.
Some personal injury cases don’t involve large payouts. Online mediation may be more convenient and cost-effective than having to plan an in-person meeting. It is also a much better alternative to prolonged litigation over a sum of money that quite simply may not be worth the trial experience.
Just because the mediation takes place online does not mean the settlement agreement needs to be delayed at all. In fact, it might be faster. The document can be drafted and circulated electronically to ensure all sides can execute quickly once an agreement is in place.
The ability to carry out all the key aspects of mediation virtually means that geography no longer limits the pool of qualified mediators. The Law Offices of Michael G. Wales have mediated agreements all over the United States. Contact us today to learn about our online mediation process and how it could benefit your firm and your clients.
One option for a person, couple, or business in conflict is to
go to court. The legal system can resolve their dispute, but
the emotional and financial costs can be devastating.
Many disputes have a prior history of an amicable relationship. Litigation (arbitration or court) will likely kill any prospect of continued relations.
Conducting mediation online, as opposed to in-person, provides the opportunity to extend the benefits of these alternatives to many disputes including, but not limited to, the following:
Disputes between parties who are too geographically distant to enable a meeting to take place;