Mediation is fast becoming a viable legal option to reach a settlement in Indiana personal injury cases. The appeal of this kind of legal intervention lies in the fact that it might be less expensive to carry out compared to litigation that plays out in the court room. A lot of people who want closure and their emotions and grievances heard may choose mediation in the hopes that they will achieve some kind of catharsis and reasonable resolution without the gavel of judge hanging over their head.
Despite the fact that mediation is less informal compared to litigation, it is important to prepare and do your due diligence before heading out to mediation meetings. We’ve collected a number of tips to help you have a successful legal mediation.
Have All Materials Ready
Before commencing, you and your attorney must work hard at collecting sufficient evidence, paperwork and records that will help you mediate effectively. This will also help the other side know in a definitive manner where you’re coming from and what you are asking for, leaving guesswork out of the picture. In addition, having all documents and paperwork signed and completed will save time and avoid breaks during the process, something which can throw a wrench in the works.
Consider Persuasive Tactics
We all have a form of personal power that may be rooted in the ability to be logical and have the other person see where we are coming from, or an empathetic way of viewing the world and having them see your outlook. Meditation isn’t a “my way or the highway” kind of process, and more often than not, you’ll have to reach a conclusion that benefits both parties. To that end, consider making an offer and invite the other party to counter it, while providing reasons for their counter offers. This opens you up for negotiation which may help build a sense of fairness and democracy.
Don’t Forget Your Manners
A mediator exists in these processes to help you see all the sides in an objective manner. Together with your lawyer, hear out the other party’s arguments without reacting emotionally or getting flustered during every other meeting. As people’s temperaments are different, be honest with yourself and have your attorney chime in whenever you feel like storming off or banging on the table to get your point across. This, coupled with patience, will help you get to the Promised Land.
Research is Key
Before accepting to mediation, it is important to do your due diligence. This means doing some research on the other party to determine if they have a history of negligence, what to expect should you reach a final agreement in terms of payout, what to do should mediations fall through, and the mediator’s legal experience with these kinds of cases.
Need help with a personal injury case in Indiana? Call us today on 877-561-3004 for your free and confidential consultation. We look forward to hearing from you.