Personal injury cases are not always resolved in a courtroom. Courts often encourage plaintiffs and defendants to seek out alternative dispute resolution methods, like mediation. Mediation is somewhat similar to a court hearing, but it is far less formal and less expensive than a trial.
Mediation involves a plaintiff and defendant sitting down to reach a mutually agreeable settlement. While these parties may otherwise engage in settlement negotiations on their own, the mediation process may help streamline it. Neutral third parties serve as mediators who help guide the parties to a settlement. Evidence and arguments may be presented, and the rules of evidence are far more relaxed. While mediation can be helpful, it is not legally binding, and you may still sue if a settlement is not reached.
Speak to our NYC personal injury attorneys to get a free case evaluation by calling The Carrion Law Firm at (718) 841-0083.
How Mediation Works in Personal Injury Cases
Mediation is a way of resolving a legal dispute without a formal trial. There is no judge or jury, and the parties must mutually agree to the result of mediation.
Instead of a judge, the parties are guided by a neutral mediator. The mediator is not there to hear facts and evidence and render a verdict. In fact, the mediator does not get to decide how mediation ends. Their job is to guide the parties and make sure that mediation is smooth and fair.
Mediation proceedings are much less formal than trials. The rules of evidence and procedures that normally govern a courtroom do not apply or are significantly relaxed during mediation. Even so, these proceedings are professional and should be treated as such.
Everything that happens during mediation is confidential. If you end up at trial because mediation did not work, statements made during mediation may not be introduced as evidence, barring special circumstances.
Rules and Procedures in NYC Mediation for Personal Injuries
Mediation is more informal than standard civil court hearings. In many cases, mediation may occur in a private conference room with only the parties, their attorneys, and the mediator. There is no burden of proof, and the parties may be less adversarial and more encouraged to compromise and cooperate.
The New York Rules of Evidence do not apply to mediation, and evidence may be admitted that might not normally be admitted in a court of law. Things like hearsay evidence that would normally be inadmissible may come up during mediation. Even so, everything that is presented during mediation should be relevant, and irrelevant information and evidence will only slow things down.
Typical courtroom procedures also do not apply. Remember, mediation is less like a formal hearing and more like a conversation between the parties. Even so, parties are expected to be civil and professional.
How to Prepare for Mediation in NYC
To prepare for mediation, you should hire an attorney and review all the details of your accident and injuries. While you are not required to have a lawyer during mediation, it is a good idea. The mediation process might be more than you can handle on your own, and an experienced attorney should have the skills necessary to get a good settlement.
Next, gather evidence to support your claim for damages and prepare effective legal arguments to convince the defendant to agree to a favorable settlement. Remember, we are not restricted by formal rules of evidence, and our NYC personal injury attorneys may use evidence that ordinarily would be inadmissible in a courtroom.
Be ready to negotiate. In some cases, injured victims might not get exactly the settlement they want. However, if you are open to negotiation and willing to compromise, you may walk away with an adequate settlement.
Do I Have to Go Through Mediation in NYC?
While mediation can be a helpful alternative dispute resolution method, it is not necessarily required. However, there may be situations where mediation is mandatory.
Mediation may be required if it is part of a contract or formal legal agreement. Many waivers contain terms that make mediation mandatory if you are injured and want to take legal action. If you signed a waiver, review it with a lawyer right away.
If mediation is not required, the courts might try to steer you towards it. Courts are very busy and cannot possibly hear every single dispute. As such, some judges may demand that the parties attend mediation before resorting to a trial, unless they can show the judge there is no chance of coming to an agreement.
How to Reach a Personal Injury Settlement Through Mediation in NYC
Mediation is often a less expensive alternative to trials and may lead to settlements faster than ordinary negotiations. It is important to remember that the parties determine the settlement, not the mediator. The mediator is there to be a neutral guide through the process. They do not render a verdict like a judge.
Coming out of mediation, you will often have a memorandum of understanding (MOU). Sometimes, you may sign a settlement agreement itself, but otherwise you will take the MOU then work out the specific terms of the settlement from that.
A settlement is not agreed upon until both sides actually sign it.
What Happens if We Cannot Reach a Settlement Through Mediation in NYC?
Mediation might be required in some cases, but that does not mean you must reach a settlement. Many mediation cases fall apart, and the parties cannot agree on a settlement.
Mediation is not legally binding. Whatever the outcome is does not become legally enforceable unless both parties mutually agree. Even if you come out of mediation with an MOU, parties might throw it away because it isn’t binding.
If mediation does not work, and the parties cannot come to an agreement, the mediator may push for more negotiations and compromise, but we should be prepared for mediation and negotiation talks to fall through.
If mediation fails, we can continue on to tiral. This may actually help us leverage your claims. If the defendant wants to avoid trial, they may be more willing to settle for better terms.
Contact Our NYC Personal Injury Attorneys for Help Now
Speak to our Brooklyn personal injury attorneys to get a free case evaluation by calling The Carrion Law Firm at (718) 841-0083.