Your Questions Answered: Mediations
A mediation is an incredibly important element of legal negotiation today. For many individual, a mediation can be used to achieve a settlement without ever having to go to trial. With that in mind, we think it’s essential that everyone understand exactly what a mediation is and how it can be used to help you achieve great outcomes following your accident. You can learn more about a mediation below!
Question: What is a mediation?
Answer: A mediation is a process through which a neutral third party attempts to settle the dispute between two or more parties. This process is a form of alternative dispute resolution and is meant to foster settlement before a trial. Engaging in some form of alternative dispute resolution is required before a trial in California. Most often, the parties choose Mediation as the form of alternative dispute resolution.
For purposes of a personal injury lawsuit, the typical process involves the injured party and his or her attorney in one room and the defense attorney and representative from the defendant driver’s insurance company in another room. The defendant driver is very rarely there, as it is his or her insurance company that actually has the ability and authority to settle the case. Then, the neutral third party will go back and forth between the rooms to hear from all parties and try to reach a settlement.
Finalizing Your Mediation
There is no “decision” made by the Mediator and his or her opinion or findings are not binding, which is distinct from Arbitration. Rather, the Mediator serves as a facilitator for the negotiation between the parties. Also, the entire Mediation process is privileged, which means that the information shared cannot later be held against either party.
Through tough negotiations and preparedness, Walter Clark Legal Group has successfully Mediated thousands of cases. The attorneys at Walter Clark Legal Group are happy to address any questions or concerns you might have about the Mediation process and how it pertains to your specific circumstance.
Indio Accident Attorneys at Walter Clark Legal Group
Our firm of wrongful death attorneys in Palm Springs has been handling personal injury cases throughout the California Low Desert and High Desert communities for over 30 years. With a 95% success rate, the California personal injury attorneys at Walter Clark Legal Group will fight to hold those responsible for your loss accountable and win compensation to cover medical bills, lost wages, and pain and suffering. If you have been injured in an accident and want to discuss your legal options, contact us today at (760) 536-8017 for a free consultation with an experienced personal injury lawyer. We have offices in Indio, Rancho Mirage, Victorville, and Yucca Valley and represent clients through the entire California Low Desert and High Desert communities.
DISCLAIMER: The Walter Clark Legal Group blog is intended for general information purposes only and is not intended as legal or medical advice. References to laws are based on general legal practices and vary by location. Information reported comes from secondary news sources. We do handle these types of cases, but whether or not the individuals and/or loved ones involved in these accidents choose to be represented by a law firm is a personal choice we respect. Should you find any of the information incorrect, we welcome you to contact us with corrections.