It sometimes feels like we live in a litigious society where issues can’t be settled without a contentious court battle. For someone to win, the other party needs to lose.
If you were severely injured in an accident, you are likely worried about medical expenses and providing for your family — and whether you will fully recover. You need someone to pay for your pain and suffering, and you believe the only way that is going to happen is by taking the other party to court. You may have heard of mediation but dismissed it as a waste of your time.
By addressing the myths regarding the use of mediation in personal injury cases, you will have the information you need to make an informed decision if it’s the right option for you. Five common myths include:
1. Mediation means you don’t have a strong case
Mediation is not a concession or an admission that your case is weak. Mediation is a tool to efficiently resolve disputes in a manner that saves time and reduces stress. It shows that you are focused on resolution rather than unnecessary conflict.
2. Mediation costs too much money
Some people believe that mediation is just as expensive as a trial. There are costs involved in hiring a mediator. However, compared to the extensive preparation that goes into preparing for a lawsuit, along with attorneys’ and court fees, mediation is much more cost-effective than litigation.
3. Mediation is only for small cases
Mediation isn’t just for resolving minor issues between neighbors or settling a labor dispute. Mediation is used in all types of cases, including divorce, child custody, intellectual property, personal injury and non-violent criminal cases.
4. Mediation will take too long
If you’re facing a long recovery from your accident, you’re probably experiencing some financial anxiety. The truth is that mediation is often faster than litigation. Court cases can drag on for months or years, and you’re often at the mercy of the court’s schedule. Mediation is more flexible, allowing the parties to reach a resolution in just a few sessions.
5. Mediation is legally binding
You are not under any obligation to agree to a settlement. Mediation is only legally binding if both parties are in agreement. There are times when they can’t find a resolution and end up going to court.
Mediation may be a viable option if you want to reach a settlement in your personal injury case that is less time-consuming, more cost-effective, and less stressful. You should discuss your situation with someone who can answer all your questions about mediation and guide you through the process.