Mediation is a form of Alternative Dispute Resolution, or ADR, which is becoming more and more common in litigation due to the cost and time commitment of the court process. You could resolve your legal claim easier with mediation in a Cicero pedestrian accident claim. A trustworthy pedestrian accident attorney could provide insight as to whether mediation makes sense for your situation.

What is Mediation?

Many pedestrian accident cases, especially those that seem destined for court, will engage in some form of mediation. Mediation is an attempt by both sides to resolve the matter through negotiation and is facilitated by a neutral individual called the mediator. Some cases require mandatory mediation but others do not. A lawyer could explain whether mediation will be required in a local pedestrian accident claim.

It is important to prepare for mediation in a similar manner as someone would to prepare for court. This may be the only time in the case where all of the parties are together to discuss resolving the matter. While mediations are largely informal, it is important to prepare because both sides could gain valuable information from it.

The Designated Mediator

Often, the mediator is a retired judge or a lawyer who has the respect of both parties. A mediator can be mutually agreed upon between the parties or it can be randomly selected. Different mediators possess different skills and some of the best are able to resolve seemingly difficult cases. Other mediators simply convey an offer and demand to the parties. However, all mediators will attempt to settle all the cases that they are involved in.

While it is not required, most mediators in personal injury cases are attorneys, although some are retired judges who continue to assist litigants in resolving their case.

All mediators want to resolve their cases and they also understand that not every case goes to trial. Therefore, judges are very active in encouraging mediation. No one can force a party to settle their claim. The mediator will try to get both sides closer to reaching an agreed compromise but they have no authority to order either side to settle the case.

Advantages and Disadvantages of Mediation

There are several advantages and disadvantages of mediation as a tool in a pedestrian injury case in Cicero. It is a decision which a plaintiff should make in consultation with their lawyer. The obvious benefit is that the case may settle early and without conflict. Even if the case does not settle, it may result in the parties having a much better understanding of their positions. Some disadvantages include feeling pressured into accepting a smaller settlement and that it may expose their trial strategy. Generally, however, the benefits tend to outweigh the downsides.

Approaches to Mediation

An insurance adjuster will typically participate in a mediation. They will have an evaluation of the claim which includes liability and damages, and have certain authority to make a monetary offer of settlement. There is usually a limit for how much they can offer, which is made prior to the mediation. The insurance adjuster should be adequately prepared and familiar with the facts so that they may participate meaningfully in the mediation.

When mediating a pedestrian accident, a lawyer will have several goals in mind, with the primary one being their attempt to settle the pedestrian accident case. If the parties do not settle at mediation, the lawyer should have a much better idea of the legal position of the at-fault driver and their insurance company, which could be used in litigation.

Learn More About Mediation in Cicero Pedestrian Accident Cases

You do not necessarily have to take a claim to court in order to receive the compensation you deserve. Mediation is an option in Cicero pedestrian accident cases for multiple reasons. Call now to learn if this is a possibility for you.