Mediation is a process during which a neutral third party known as a mediator sits down with parties who do not agree. This mediator has no stake in the case before them and looks for ways to get the parties to agree to a resolution. The advantages of mediation are that you do not have to go to trial but there can be downsides too.
At Law Offices of Fernando D. Vargas you can count on our honest opinion after you have been injured in an accident. Read on to learn about whether or not mediation could be the right choice to settle your claim. If you have further questions or want to take advantage of a free case evaluation, contact us at 909-982-0707.
The Ways in Which Mediation is Different Than a Trail
If your personal injury case ends up at trail, there will be a judge and possibly a jury. This is not the case with mediation. There will be no live witness testimony and no one will take the stand or an oath. Instead, the involved parties talk about the case and, with the input of the mediator, try to come to a solution that works for everyone.
Mediation is Private and Confidential
One of the advantages of mediation is that what is discussed there is generally not public record. With a trial, if there is embarrassing or potentially damaging information you do not want known, you have little control over it as it is entered into public records. On the other, at mediation you can give full disclosure to the mediator without worrying that said mediator will release that information to the public.
Likewise, if you do end up going to trail after mediation, nothing you say in mediation can be used against you. However, remember that the at-fault party or their representative will be at the mediation. While they cannot enter your comments into the record at a trial, they will have the information and could potentially use it to find evidence against you.
How Mediation Works
While every case can potentially be different, it is typically the case that both parties involved will agree on a mediator and they will split the cost. Mediation most often happens in an office center and nothing is recorded or documented. The process itself can take as little as four hours or it can go on for several days.
A common misconception about mediation is that all parties are at the same table. This is generally not the case. Instead, you and your attorney will be in one room and the other party and their attorney will be in another. The mediator then goes back and forth between the rooms discussing the case and offers that have been made.
Is mediation right for your case? That depends on a wide range of factors. To learn more about mediation and other options that may be available to you, contact Law Offices of Fernando D. Vargas at 909-982-0707 for a free case evaluation.
