No one expects to be injured in an accident, but when it happens, the road to recovery can be stressful, physically, emotionally, and financially. Medical bills pile up. Lost wages take their toll. Understandably, most people want their personal injury case resolved quickly so they can move on with life.
However, not every personal injury claim ends up in front of a judge or jury. Once a lawsuit is filed, a majority of cases are resolved through a process called mediation. This step occurs before a court trial and provides both sides with the opportunity to settle the case without the time, expense, and uncertainty of litigation.
Jeff GOULD Law is the Attorney in YOUR Corner, and we believe that knowledge is power. With over 25 years of experience, we’re well-equipped to guide you through the mediation process and ensure you’re fully prepared.
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What Is Mediation in a Personal Injury Case?
Mediation is a confidential settlement conference where both sides of a legal dispute meet with a neutral third-party mediator. The mediator doesn’t make decisions like a judge or jury. Instead, they help facilitate conversation, clarify legal points, and guide both parties toward a mutually acceptable resolution. They point out the strengths and weaknesses of both sides and encourage BOTH sides to realistically look at pros and cons and resolve matters, sooner rather than later. Mediation is usually not binding, so if one side or the other is not on board for whatever reason, they can walk away and move matters back through trial.
Think of it as a structured negotiation where you have a chance to resolve your case on your terms, rather than leaving the outcome in the hands of a court.
Is Mediation Required in Arizona?
In many Arizona personal injury cases, especially in Maricopa, Pima, and other high-volume counties, mediation is required before trial. Arizona courts encourage alternative dispute resolution (ADR) to ease the burden on the judicial system.
Even when it’s not mandatory, mediation is often recommended by attorneys, judges, or insurance adjusters as a means to resolve claims more quickly and with less risk.
What Happens During Mediation?
If you’ve never been through mediation before, the process can seem intimidating. But at Jeff Gould Law, we take the time to ensure you are fully prepared and know exactly what to expect.
Here’s a step-by-step look at how it works:
Step 1: Selection of the Mediator
Both parties agree on a professional mediator, usually a retired judge or experienced attorney trained in mediation. This person is neutral and does not take sides.
Step 2: Opening Statements
Each side explains its position. Your attorney (that’s Jeff!) will present the facts of your case, explain the extent of your injuries, outline medical expenses, lost wages, pain and suffering, and why you deserve fair compensation.
Step 3: Private Caucuses
The mediator meets privately with each side in separate rooms. This allows for honest discussions about strengths, weaknesses, and settlement expectations without revealing your strategy to the other party.
Step 4: Negotiation
The mediator moves back and forth between the rooms, conveying offers and counteroffers, and helping both sides find common ground. This can take several hours, or even all day.
Step 5: Settlement or Impasse
If you reach an agreement, the terms are written down, signed, and become legally binding.
If no settlement is reached, you still retain the right to proceed to court. Nothing you said in mediation can be used against you later.
Why Choose Mediation Instead of Going to Trial?
There are several reasons why mediation is often the smart first step in a personal injury case:
- Faster Resolution: Trials can take months or even years to complete. Mediation can often resolve a case in a day.
- Lower Costs: Trials involve court fees, expert witnesses, and other expenses. Mediation is usually much less expensive.
- Less Stress: Court trials are public and adversarial. Mediation is private and cooperative.
- Control Over Outcome: In mediation, you decide whether to settle or not. In court, the decision is in someone else’s hands.
Do You Still Need a Lawyer for Mediation?
Absolutely. Mediation is not just a casual conversation; it’s a legal negotiation that can impact your financial future. Having an experienced personal injury attorney like Jeff Gould ensures that:
- You understand your rights
- Your medical bills, lost wages, and pain and suffering are properly valued
- You don’t accept a lowball offer from the insurance company
Remember: The insurance company has lawyers on their side. You should, too.
Injured in Arizona? Jeff GOULD Law is the Attorney in YOUR Corner.
If you’ve been injured in an accident, don’t go it alone, whether you’re heading into mediation or preparing for court, Jeff Gould Law is here to help. We’ll fight to ensure you receive fair compensation and guide you through every step of the process.
Don’t DELAY: Call Jeff GOULD Law, the Attorney In YOUR Corner – TODAY!
DISCLAIMER: The information on this blog/site is not intended to be legal advice. It is for general informational use only. You should consult an attorney for advice regarding your situation. Further, this information does not create an attorney-client relationship.