Mediation is a popular dispute resolution method that is sometimes used in personal injury cases. It’s an attractive option because it can be less costly and time-consuming than going to trial. However, there are some situations where mediation may not be the best choice for a personal injury case. This blog post will discuss some instances in which mediation is not recommended and why.
If the Defendant Refuses to Cooperate
Mediation is not a viable option when the defendant refuses to cooperate. Even if the mediator is a neutral third party, their efforts might not be fruitful if one of the parties does not want to participate. The case will likely have to go to court for a resolution in this situation. It is important to note that mediation is only beneficial when both parties are willing to work together to achieve a mutually beneficial settlement.
If You Are Not Ready to Settle
Pursuing mediation is only a good idea if you are ready to settle your injury case. Mediation is intended to bring two sides to an agreement and requires both parties to be willing to compromise. However, you may be understandably upset in the aftermath of an accident caused by the other party. Mediation may only be your best option if you are willing to cooperate with the other party. Instead, it may be better to take the matter to court and have a judge or jury decide the outcome.
If the Other Side Is Not Reasonable
Mediation is a collaborative process between two parties to reach a fair settlement. If one of the parties is not being reasonable, it can be challenging to make any headway. In these cases, it is likely that you will not reach an agreement, and continuing with mediation may be a waste of time and money. This is also true if the other side insists on a settlement you do not feel is fair or just. It is essential to recognize when the other side is not open to mediation so that both parties can move on to other dispute resolution methods.
If You Do Not Have All the Facts
Having all the facts before engaging in mediation for a personal injury case is important. Making an informed decision about the best course of action can be challenging without knowing all the pertinent information. If you do not have all the facts and it is too difficult to obtain them on your own, an experienced personal injury attorney can investigate the facts of your case prior to any form of mediation.
If Your Injury Is Severe
When a plaintiff’s injury is severe, mediation may not be the best option. In cases where the other party or their insurance company is unwilling to pay enough to cover the medical bills, lost wages, and other losses, litigation is typically the better course of action. Mediation may also be inappropriate in cases where there is a permanent disability or significant ongoing medical care is necessary. Speaking to an attorney before deciding to pursue mediation in cases of severe injuries is essential.
You and the Other Party Cannot Agree on a Mediator
Both parties should have a say in the process when choosing a mediator. If the parties cannot agree on selecting a mediator, the mediation may not be successful. Mediation works best when both parties are comfortable with the mediator and willing to work together. It is important to remember that a mediator can’t make any decisions; instead, they can only provide guidance and advice to both parties in an effort to resolve their dispute. If the parties cannot agree on a mediator, they should consider whether going to trial is a better option.
Speak With an NJ Injury Lawyer About Mediation
If you have been injured in an accident, speak with an experienced New Jersey injury lawyer about pursuing the compensation you deserve. At Brach Eichler Injury Lawyers, our team of experienced New Jersey injury attorneys can provide you with legal advice and representation throughout your case, including at mediation. We understand how complex personal injury cases can be and can help guide you through every step. With decades of experience, we have the knowledge and resources to help you build a strong case and maximize your chances of success. Contact us today at (973) 364-8300 to learn how we can help through a free legal consultation with an experienced New Jersey personal injury lawyer.
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Written by: Brach Eichler Injury Lawyers Last Updated : August 25, 2023We are the trial attorneys with the experience and knowledge to get you the results you deserve. At Brach Eichler Injury Lawyers, we take time to get to know you, as well as your case. We are committed to excellence. It is important for our team to understand your fears, concerns and expectations. We are always available to answer any questions, and are willing to come to you if you are unable to come to us.
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