Before you can begin mediation, you need a mediator. The mediator is not a judge. They are a neutral third party who helps guide the mediation process so that the parties involved may more effectively work out a settlement agreement. While you and the opposing party may select your own mediator, courts can also appoint one.
If you want to select your own mediator, you must do so with the approval of the opposing party and the court. If you cannot agree with the opposing party on a mediator, or you are simply uninterested in searching for one, you can ask the court to appoint one. Many courts maintain rosters of approved mediators who may be appointed to help you. Their role is to remain neutral and guide the mediation, rather than providing legal advice or making decisions about a potential settlement. Many people trust courts to appoint mediators who are qualified, neutral, and experienced.
Get a confidential, free case evaluation by calling The Carrion Law Firm at (718) 841-0083 and talking to our NYC personal injury attorneys.
Court Appointed Mediators for NYC Personal Injury Cases
Generally, you and the opposing party may work together to choose a mediator you both agree on. You might look into mediation services that have experienced mediators on staff. Alternatively, you might select one from a court-approved list. However, in some cases, the court may appoint a mediator rather than allow the parties to choose one themselves.
Courts may appoint mediators if the parties cannot decide on one. This is common in cases where the parties are very contentious and cannot agree on almost anything. Courts typically maintain lists of approved mediators and may select one from the list who is available. They may select one randomly or simply choose the next name on the list.
Like all mediators, court-appointed mediators must remain neutral. They cannot make decisions on behalf of the parties, and they may only guide the parties throughout the mediation process. If you believe the court-appointed mediator cannot remain neutral for some reason, our NYC personal injury attorneys will alert the court immediately.
Do Courts Normally Appoint Mediators?
While courts can appoint mediators, the parties involved in mediation are usually given the opportunity to select their own mediator unless special circumstances exist.
Courts may appoint a mediator if the parties cannot agree on one themselves. It is important for the parties to select someone capable of remaining neutral. In many cases where the parties are especially contentious, each side might not trust the other to agree on a neutral mediator, and an agreement cannot be reached. At that point, the court may step in and appoint someone.
In other cases, the parties might defer to the court when selecting a mediator because it is faster than finding one themselves. Courts keep rosters of trustworthy, experienced mediators who are more than capable. This might be a good way to go if you are busy with preparations for your case and do not have time to analyze possible mediators.
Whether you should allow the court to appoint a mediator or if you should pick your own is a discussion you should have with your lawyer.
The Role of a Court-Appointed Mediator
A mediator is more than just someone who sits with you while you work out a settlement with the opposing party. They are there to facilitate negotiations. In many cases, mediation results in settlements faster than if the parties negotiated privately without a mediator.
First, the mediator must be neutral. You cannot have someone you or your attorney knows personally or professionally act as a mediator. If you know the mediator, even slightly, the opposing party may assume that they cannot possibly be neutral.
Second, the mediator does not make any decisions about your case. They do not take on the role of judge or jury. Instead, they must guide the parties toward a mutual agreement. They are there to facilitate mediation and make sure the process is smooth and efficient.
Third, a mediator does not offer legal advice. If you have questions about whether you should accept a settlement from the opposing party, you cannot ask the mediator. Your attorney should help you with decisions like that.
How to Select Your Own Mediator in a NYC Personal Injury Case
When selecting a mediator, you must make sure you choose someone experienced and professional. Not just anyone off the street can be a mediator. They should have valid credentials and be approved by the court before they can act as a mediator.
One possibility is to select a mediator from a list of approved mediators maintained by the court. If you select a mediator this way, the opposing party must also approve of your decision.
You might instead try exploring mediation services. Many attorneys also provide mediation services and are qualified to do so. You may need to present your hand-picked mediator’s credentials to the court for approval before you can begin.
Is it Better to Let the Court Appoint a Mediator to Your Case?
Whether or not it is better to select your own mediator or allow the court to appoint one for you is entirely up to you and the opposing party.
In especially complex cases, it might be easier to allow the court to appoint a mediator. This is one less thing for you and the opposing party to worry about while you prepare your case for mediation. It might also make things easier if you tried selecting a mediator, but you and the opposing party cannot come to an agreement.
Why Getting a Skilled Mediator is Important
Having a skilled mediator may make a huge difference in your case. A good mediator should be able to help you and the opposing party reach a settlement that is fair and agreeable to everyone. They should be able to remain completely neutral, ensuring fairness in the outcome of mediation.
A skilled mediator should also be knowledgeable about personal injury cases. If they know what a fair personal injury settlement generally looks like, they may be able to step in if one of the parties is using unfair tactics or pressuring you into accepting a low settlement.
Contact Our NYC Personal Injury Lawyers About Mediation in Your Case
Get a confidential, free case evaluation by calling The Carrion Law Firm at (718) 841-0083 and talking to our Buffalo, NY personal injury attorneys.