Using Mediation to Resolve a Personal Injury Claim
- Home / Personal Injury /
- Using Mediation to Resolve a Personal Injury Claim
January 29, 2021
Some personal injury cases make it all the way to court and are resolved once the jury reaches a verdict. However, most cases do not make it that far. They are settled out of the courtroom through some form of alternative dispute resolution. One form of alternative dispute resolution is bringing in a mediator.
Below, learn more about mediation, including the reasons why you should strongly consider retaining a lawyer for this process.
Phillips Law Group has been securing compensation for personal injury victims for nearly 30 years and we work on contingency. That means we do not charge upfront fees. The initial consultation with a personal injury lawyer in Phoenix is free and there are no fees while we work on your case. Our attorneys do not get paid unless you are compensated.
Call today to learn more about how we may be able to assist you.
What is Mediation?
Essentially, both parties involved in the injury claim meet with a neutral third party, known as a mediator. Both parties present their case, and the mediator tries to facilitate a settlement both parties can agree on. It is important to note mediation is not like arbitration ”“ a decision reached by an arbitrator is legally binding while a decision by a mediator is non-binding.
Who Gets Chosen as a Mediator?
Typically, mediators are retired lawyers or judges who have significant experience with personal injury cases. Both parties pay to bring in the mediator, which helps to ensure the mediator does not favor one party over another and that both sides are acting in good faith to attempt to resolve the situation.
What Happens During Mediation?
Mediation usually starts with an introduction. Everyone gets into a room together and the mediator goes over the process and what to expect. After that, the parties can decide how to proceed. Sometimes they may continue the process in the same room, other times they break into separate rooms.
The mediator meets with both parties to go over their claims and ask them what they would be willing to settle for. If the parties are in separate rooms, the mediator meets with each party separately. The mediator presents one side’s settlement offer to the other and vice versa.
Sometimes both sides are very far apart in their settlement offers. It is up to the mediator to suggest one or both sides make concessions so an agreement can be reached. If both sides go back and forth and an agreement cannot be reached, the mediator may suggest terminating the session. At that point, both sides may need to go to court to resolve the situation.
How Long Does Mediation Take?
There is no deadline for a mediation session. That said, the mediator must be paid. If mediation goes on too long, one or both sides may not want to continue paying the mediator’s fees. Sometimes mediation concludes after an hour, sometimes it takes several hours. The duration of an injury claim depends on the specifics of the case and many other factors.
Why do I Need a Lawyer?
It is important to note insurance companies have gone through mediation countless times. They have also dealt with many injury claims and they know how to reach a settlement that favors them and not the victim.
If you do not have an attorney present, the insurance company is likely to use a variety of intimidation tactics to try to convince you to accept a lowball settlement offer. Insurance companies know victims are unsure of the value of their claim and are desperate for any compensation.
If you have a lawyer representing you, the insurance company may be more likely to act in good faith to reach a settlement that is favorable to you. You should make sure to hire an experienced lawyer who regularly goes to court. The insurance company will know if an attorney is prepared to go to court. The possibility of having to go to court and rely on a jury’s decision is often enough to get an insurance company to offer more compensation.
When you meet with an attorney you are considering hiring, make sure to ask about his or her experience:
- How often do you go to court?
- Have you represented cases like mine?
- Have you gone through mediation before?
- How much compensation have you recovered for cases like mine?
Contact Phillips Law Group for Legal Assistance
Have questions about your injury claim? Unsure how much your claim may be worth?
Give us a call today to schedule a free legal consultation. Our firm has a proven track record of success with personal injury claims. We have recovered more than $1 billion in compensation on behalf of our clients.
Firm partner Jeff Phillips is a member of the National Trial Lawyers Association ”“ Top 100.
Free consultation. No upfront fees. Call 1-800-706-3000 today.
Free Case Evaluation
Your message has been sent
Thank you for your message, we will get back to you soon.
Working at Phillips Law Group has been a blessing from the beginning for me and I am extremely thankful to work for a firm that values their employees so much. Here I believe we are a huge family of hard working people that can bring a sense of comfort to our client’s lives in times of hardships, stress and chaos. From intake to Settlement we strive to provide the best customer care to all of our wonderful clients. With a 4.8 rating and over 1100+ star reviews on Google no surprise our firm is extremely well known for the quality of work we do!! #teamPLG!!
Phillips law group is a great firm! Caroline is great.
Juan Roque has been integral with my legal needs. Communication has been easy. He conveys information I can easily understand without a lot of "Legal Fluff" jargon. I will certainly do business with Phillips Legal team again and refer them to my friends and family.
Definitely recommend! Awesome
Great experience! Took care of pretty much everything, and I always felt like I want in good hands. Caroline Fa. was also a great help with everything. She always returned my calls and I never felt unheard. Even after my case she would still help me with my insurance documents.
Phillips Law Group does so much for the community!!! I especially enjoy seeing Juan Roque out there. This gentle giant always has a smile on his face and is a part of a caring and giving team.
My Attorney Sean Davis and his paralegal Hannah Dustin worked on my case. They listened to the problems that I was having with my case and they both got right to work. First they found me a doctor that actually listened to my problems from my car accident and worked quickly to form a plan that was comfortable for me and the doctor. The doctor was the best and after a couple of procedures the pain in my neck was gone. Behind the scenes Sean and Hannah were working hard to get my case settled with the insurance company. They kept in contact with me on all aspects of my case. They settled my case much faster than I expected and for more than I was expecting. If you want two real professional legal people to work on your case, I would highly recommend Sean and Hannah to you. I cannot say enough nice things about these two. Thank you so much, Rickey Hart .
Phillips law group is the best around!
Jasmine helped me so so much I want to thank her ! And also Aaron , i was always scared after an accident , knowing I would have to deal with lawyers but not here . Luckily I’ve only been in 3 accidents but this time it was fast and easy . And i received all the treatments I needed to help me recover ! Thank you Jasmine and Aaron!
Phillips Law Group provides a collaborative environment in which both attorneys and staff work together to achieve the best outcome for clients. As an attorney here at PLG, I’m lucky to be surrounded by seasoned attorneys and knowledgeable staff that share my enthusiasm for helping accident victims. The team here at PLG treats clients with respect and empathy while fighting hard to get the results they deserve.