Using Mediation to Resolve Car Crash Claims

March 29, 2018 | Crandall & Pera Law
Using Mediation to Resolve Car Crash Claims

Most people who have been in car accident cases would prefer to settle out of court. Litigation can be expensive, and going to court can be frightening. Mediation is an alternative dispute resolution (ADR) approach, which can be faster and more cost effective than taking a case to trial. If you and your lawyer decide that going to trial is not your best option, mediation might be another route to try.

Why would you choose mediation to resolve a car crash claim?

Mediation is a non-binding process where the two parties work with a neutral third party to come to a mutually agreeable settlement. For mediation to proceed, both parties must agree to it, split the cost of the mediator, and hire their own legal representation to guide them through the negotiations. The mediator's task is to bring the two parties together in an agreement.

It is not the mediator's job to make any type of ruling. If the two parties fail to come to a settlement agreement, they can take the case to court.

How does mediation work?

Each side will prepare a brief which presents the evidence supporting their position, and whatever they are demanding from the settlement. Each side submits their brief to the mediator. The mediator will give a brief introduction, and they will remind the parties that whatever happens in mediation remains confidential. (What happens in mediation stays in mediation.) If the case should end up going to trial, none of what goes on in the mediation session can be used as evidence in court.

Often, the mediator will dismiss each party and their counsel to separate conference rooms. The mediator will go back and forth between the rooms carrying back and forth the latest settlement offer. This will continue until the parties settle or realize that the case isn’t likely to settle

How long does mediation take?

If both parties are determined to come to a workable solution, a car crash mediation session can be completed in a single work day. Sometimes, depending on the complexity of the case, and how far apart the parties find themselves, it could take a few days to resolve.

Suffering an injury in a serious car accident can be a devastating experience. If you want aggressive representation from a trusted team of car accident attorneys, look to Crandall & Pera Law. For a free, no-obligation consultation at one of our offices in Ohio or Kentucky, please call 877-686-8879 or fill out our contact form today.