Posted on Saturday, July 27th, 2024 at 9:00 am
Most personal injury cases end without going to trial. That’s where settlement comes in. Settlement negotiations should be sessions where the parties attempt to compromise to come to an agreement on how to end the case. Sometimes, though, a trial seems like the only way to settle things. However, there’s an alternative. Mediation is a process of alternative dispute resolution guided by a mediator: a neutral person who helps both sides talk things through and find common ground. The goal is to find a solution everyone can live with. So, how do you win at mediation?
Keep in mind that when you’re in mediation, you’ll likely be talking to an insurance adjuster, not the person who caused the accident. And the adjustor is most likely a pro who does this type of thing for a living. Your wisest move is to hire an experienced Sandy, UT, personal injury attorney to handle mediation for you.
Mediation: A Way to Solve Problems
Instead of fighting it out in court and running up legal bills, you and the other side (the insurance adjuster and maybe one of the insurer’s attorneys) meet with a mediator – usually a judge or lawyer with experience in this field. They listen to both sides as they state their positions, try to find common ground, and keep things moving forward.
In Utah, mediation is not required in personal injury lawsuits, but sometimes, the court will order you to give it a try before trial. Going to mediation allows the insurance company to deal with you instead of risking a trial where they have no say over the outcome.
One good thing about mediation is that whatever you say can’t be used against you in court. All parties that benefit from a mediation must sign a confidentiality agreement.
Finding a Mediator Who Will Make a Difference
Choosing the right mediator is essential to win a mediation. The right mediator can facilitate a successful session wherein each party comes away feeling that they have made a good bargain. You want someone who’s seen it all when it comes to personal injury cases. Look for a mediator with a track record of successful results.
Every mediator has their own style to win a mediation. Interview several to be sure you find one that suits your needs. Figure out what you need – a gentle guide or a straight shooter. Online reviews can give you a feel for their personality. You and the other side will need to agree on which mediator you choose.
Your mediator must be totally impartial. Retired judges are often a safe bet because they’ve seen both sides in the courtroom.
How Do I Prepare?
To win a mediation, you should know how to prepare. Mediation isn’t held in a courtroom, nor is it a formal proceeding. Rather, it’s more like a serious chat with the other side to try and find a middle ground. To get ready, you’ve got to know your case inside and out. That means understanding every little detail of your case, including any details that could work against you. Gather all your paperwork, like medical bills or accident reports.
Next, figure out what you really want to get out of mediation. You and your lawyer should set a “wish” goal for the compensation you’d really like, a bottom line must-have number, and a number you’d accept as a reasonable compromise. Be realistic – you might have to give a little to get a little.
During the Mediation
Your lawyer will make an opening statement that clearly outlines your position, the key facts of the case, and what you are asking for.
Listen attentively to the other party’s statements and arguments. This can help identify areas of agreement and potential compromise, paving the way for a mutually satisfactory resolution.
Negotiation Tips
Here are some handy tips for a successful mediation, whether on your own or with your lawyer:
- Be Open: Adjust your requests and consider other options when needed. Also, being flexible can help you wrap things up faster.
- Look Beyond Positions: Think about the deeper reasons behind what you want and what the other side wants. Understanding underlying needs can help you find solutions that really hit the mark.
- Use Facts and Figures: Support your points with solid facts to make your case stronger.
- Give a Little: Be willing to make concessions on smaller issues. This reduces tension and helps move things forward.
Communication Skills: Your Secret Weapon
What to say during mediation? Effective communication is a skill that requires finesse. Here are some tips to help you master it:
- Be straightforward: Express your thoughts and ideas clearly. Avoid using overly technical terms or convoluted explanations.
- Clarify through questioning: Ask questions and listen carefully to the answers.
- Show compassion: Approach the conversation with respect for the other party’s perspective.
- Listen actively: Listening carefully to the other party, especially when emotions run high, is a valuable skill. It involves not only hearing their words but also understanding their underlying feelings and concerns.
Reaching an Agreement
If you and the at-fault party have agreed on a settlement amount, here’s what to do next. Make sure everyone knows exactly what’s in the deal. All parties should be on the same page about what’s expected and what they’re entitled to. Before you put your signature on anything, have your attorney take a look to confirm that the settlement agreement represents what you agreed to, is fair, and constitutes a binding contract. If what’s on paper is different from what you agreed to, make sure to point that out.
After Mediation
The judge will need to approve the settlement agreement before it is legal. Additionally, the court can dismiss your case after approving the settlement.
If mediation is not successful, your lawyer should notify the court, and the case can proceed to trial as scheduled.
Schedule a Free Consultation with Our Experienced Utah Attorneys Today
Successfully navigating mediation requires skill. Keep in mind that the ultimate goal is to reach a fair solution.
For more information, call London Harker Injury Law at 77CARCRASH or contact us online to schedule your consultation. Our firm has an experienced and caring team of Sandy personal injury lawyers who are here to guide and help you through your mediation to achieve a successful resolution.
