Charles E. Boyk Law Offices, LLC
As defined by law, mediation is either a court or private situation in which attorneys try to reach a resolution and reach a settlement of both parties prior to trial. The role of mediation in Toledo pedestrian accidents is to give individuals to come to a consensus without having to litigate or go to trial. In doing so, the injured party can avoid a long drawn out trial, and could focus on recovering from their injuries. If an individual is interested in pedestrian accident mediation, they should speak with a knowledgeable pedestrian accident lawyer that could determine if mediation is right for them.
If the mediator is appointed by a court, it would be somebody designated by that court. If it is a private mediator, it would be someone designated by both parties picking them. The role of mediation in Toledo pedestrian accidents, regardless of the type of mediator, is to help both parties to compromise and reach a resolution.
Some important things that can happen in mediation are those in which both parties walk away unhappy. Both sides face a risk of uncertainty if they go to trial. Often, if there is a jury verdict it is appealed by one side or the other to the Court of Appeals and the life of the case could go on an extra year. Mediation offers certainty for all the sides, gives them finality, and lets them go on with their lives.
There are more benefits than costs of mediations because each side gets to hear the other side’s theory of the case, potential clients are educated on what the arguments and the risks are, and they get the benefit of resolution and finality. There are few costs.
Sometimes a court mediation is called for and sometimes it will be a private mediation. Insurance companies tend to believe that the mediator will try to negotiate a plaintiff down who cannot be controlled by the plaintiff’s attorney. Mediation has been found to get the best offer on the table more often than not and forces an insurance company to make a decision on the value of the case. Mediation is a process where the offers are not binding on either party making it a good way to evaluate the pluses and minuses of the case – the insurance companies tend to encourage it.
To perform a mediation, the attorney will prepare a mediation statement which is given to the mediator. A mediation statement analyzes the facts surrounding the case, tries to personalize the injured party to the mediator, gives them copies of the relevant medical reports and puts forth a persuasive argument to inform the mediator of the strengths and weaknesses of the case, putting the case in the best possible light.
It is a good idea to mediate because it gives attorneys an opportunity to evaluate and get the best number from the insurance company. By getting the best number, an attorney can evaluate the costs and risks of proceeding to trial in the case to help the accident victim make an informed decision and determine whether to settle the case or to proceed to trial.
Some of the important steps to consider when preparing for mediation are creating the mediation statement for the mediator, sending a demand letter to the insurance company reflecting the same information given to the mediator, and meeting with the potential client to evaluate the pros and cons of the case. In this meeting, the attorney will explain the mediation process to the injured party which forces a full evaluation of the available options in the case.
After obtaining the best number in a mediation, the attorney and accident victim are able to discuss the cost of taking the case to trial. A sample discussion might be: If the cost to try the case is $20,000, is it conceivable that the best number could be beaten by $40,000 or $50,000? If not, then proceeding to trial is not a viable alternative.
In 2018, virtually every case is going to be required to have a court-ordered mediation and/or a private mediation before it can proceed to trial. Hiring an attorney who understands the mediation process is crucial because 20 years ago, it was rarely done. Now, it is done in virtually every case prior to trial. Working with an attorney that understands the role of mediation in Toledo pedestrian accidents can be crucial to the success of your claim. If you have been injured in a pedestrian accident case and want to know whether mediation is right for you, speak with an adept pedestrian crash lawyer that could help.