When you are injured in an accident that was caused by another individual, it’s important to be aware of your options for resolving your case. One good legal option that many people don’t know much about is mediation. Mediation is an efficient and flexible alternative to lengthy public court trials. It offers a more private and faster way to resolve your case.
Below, this personal injury attorney in Brandon, Florida is going to guide you through the mediation process, discussing everything from how it works to why it could be a good choice for resolving your case.
What is mediation in personal injury cases, and why should you consider it?
Mediation is a confidential process where a neutral person (a mediator) helps the conflicting parties find a mutually acceptable solution to their dispute. The mediator does not decide the case like a judge or an arbitrator would. Instead, they help everyone talk to each other to reach a settlement everyone is willing to accept.
One of the best reasons to choose mediation is that it gives you more control over the outcome of your personal injury case. In a typical courtroom trial, the final decision is in the hands of a jury or judge, which can sometimes result in outcomes that don’t satisfy any party completely. On the other hand, mediation puts the power to negotiate and agree on the outcome directly in the hands of the parties involved.
Another big advantage of mediation is its confidentiality. Unlike public courtroom trials, mediation sessions are private (see Section 44.405 of the Florida Statutes). Since mediation is completely confidential, the details of the discussions are not shared with anyone outside the mediation room. This means everyone can speak more openly without worrying about the public exposure of their private matters.
In addition, mediation can be scheduled much faster than a court trial. Compared to court trials, which can take months or even years to begin, a mediation session can be completed in only one day. Because mediation is faster, it typically costs less than a trial, saving you money on legal fees and court costs.
FAQs about mediation in Florida personal injury cases
#1. Who participates in the mediation?
Mediation usually involves the conflicting parties, their personal injury attorneys in Brandon, Florida, and the mediator. If an insurance company is involved in the case (which is very common in personal injury cases), representatives from the insurance company might also attend with their lawyers.
#2. What does the mediator do?
The mediator helps everyone in the room talk to each other, making it easy for both sides to understand each other’s perspectives and find common ground. The mediator does not make decisions — they listen to everyone’s side, clarify the issues, and encourage understanding between the parties.
#3. What types of cases can go to mediation?
Mediation can be used for almost any personal injury case in Florida. This includes slip and falls, car accidents, motorcycle accidents, bicycle accidents, truck accidents, pedestrian accidents, premises liability, product liability, dog bites, neck and back injuries, spinal cord injuries, traumatic brain injuries, negligent security, misdemeanors, medical malpractice, and wrongful death cases.
#4. Is mediation binding?
In the State of Florida, mediation is not binding unless all parties agree to it (see Rule 10.310 of Florida Rules for Certified and Court-Appointed Mediators). A legally binding document (contract) can be made if the parties agree. But if the parties don’t agree, they don’t have to accept the outcome and can still take the case to court.
Final thoughts
If you are involved in a personal injury case in Brandon, Florida, it’s important that you understand your legal options — including mediation. A personal injury attorney in Brandon, Florida can guide you through this complicated process. They will represent your interests inside and outside the court to help you reach a resolution that is in your best interests.
Looking for a Personal Injury Attorney in Brandon, Florida?
Are you ready to partner with a personal injury attorney in Brandon, Florida who can help you receive the compensation you are owed without the hassle of going to court? If so, Tonya Stewart and her team at Tonya Stewart Law PA are here to help. Contact us today at (863) 279-4473 to discuss your mediation options.