Mediation may be an option for numerous personal injury plaintiffs and defendants, but when exactly does the opportunity arise? While many cases go through mediation before people pursue personal injury lawsuits, this is not always how it happens. It might be possible for you to mediate your case at almost any stage before a trial verdict is rendered.
It may be possible to start the mediation process right in the middle of an injury case. However, you must inform the court of your plans. Depending on the circumstances, the judge may not be pleased with your decision to pursue mediation, especially if most of the trial has been completed. Even so, you may participate in mediation at any time during litigation. Participating in mediation does not necessarily halt your trial proceedings unless the judge issues a court order saying so.
Get a private, free review of your case from our NY personal injury lawyers by calling The Carrion Law Firm at (718) 841-0083.
Can I Start Mediation in the Middle of an Injury Case?
You may initiate mediation at practically any time during the litigation process. Whether you have just filed your case in court or you are in the middle of the trial, you may engage in mediation sessions with the other party.
Before you begin mediation proceedings, you need the consent of all parties involved. Even if you are interested in pursuing mediation during a trial, the other party may not be. Your attorney should reach out to the opposing counsel to inquire about mediation.
Although you can begin mediation at almost any time during your case, it is arguably better to start mediation sooner rather than later. Mediation and other alternative dispute resolution options help conserve judicial resources and keep court schedules. Starting mediation right in the middle of a trial, while possible, somewhat defeats a major purpose of alternative dispute resolution.
When is a Good Time to Start the Mediation Process?
It is arguably better to initiate mediation before commencing a trial. In many cases, plaintiffs file personal injury lawsuits in court and have mediation sessions after discovery but before trial is scheduled. If mediation fails, the case may continue uninterrupted.
Even so, you may be able to initiate mediation at almost any time during the litigation process. Mediation is often faster than trials and ordinary settlement negotiations. Some mediation sessions can be completed in a day or so and may be finished before your trial concludes.
Some people wait until after a trial gets started to initiate mediation proceedings because they want a glimpse of the opposing party’s evidence first. This might give you the upper hand, depending on the circumstances, but this is not guaranteed.
Is it a Good Idea to Start Mediation While an Injury Case is Already Pending?
As discussed above, exactly when you decide to initiate mediation proceedings is a strategic choice that you can discuss with our Long Island personal injury lawyers. Generally, people engage in mediation earlier in the hope of securing a favorable settlement and avoiding the need for a trial. However, if you wish to initiate mediation after your trial has begun, you may still be able to do so. Whether this is a good idea depends on the circumstances.
After starting the trial, you might realize that you and the opposing party are more evenly matched than you thought, and the outcome of the trial might go either way. In that situation, you might initiate mediation to try and get a settlement before the trial ends. Many believe that a settlement would be better than risking everything at a trial.
Ultimately, when you engage in mediation may be up to you. If you are unsure about mediation, your attorney may help you make a more informed decision.
Why You Might Begin Mediation During an Injury Trial in NY
Mediation often happens before a trial, so why would someone decide to begin mediation in the middle of a trial? The judicial process is highly complex, and you might be suddenly faced with new information or circumstances that require you to change your legal strategy.
One possibility is that after starting a trial, or getting close to the start of a trial, you realize that your evidence is not as strong as you had hoped. At that point, a settlement might be a good way to get compensation without risking a potential loss in court.
Another possibility is that the trial is shaping up to be a very long and time-consuming process. You might not be prepared to pay for a lengthy legal battle, so you might try to cut things short by mediating a settlement.
Can I Choose Mediation After a Personal Injury Trial?
If your trial is complete, mediation is officially off the table. A completed trial with an official verdict marks the end of your claim. If you lose the case or otherwise do not like the outcome of the trial, there is no going back to mediate a settlement.
If you are unhappy with how things turned out, you may file an appeal with the help of your attorney. How you appeal the case may depend on what happened during the trial and what you believe went wrong.
When You Should Talk to Your Lawyer About Mediation
It is a good idea to speak to your attorney about mediation as soon as possible. One of the first things you should talk about with your attorney is what you want from the case. Your attorney should advise you of all your legal options, including mediation.
If you like the idea of mediating a settlement more than pursuing a trial, you should try to initiate mediation sooner rather than later. If you wait until the trial is underway, the opposing party might be uninterested in mediation, and you might be stuck.
Contact Our NY Personal Injury Lawyers if You Are Interested in Mediation
Get a private, free review of your case from our Albany, NY personal injury lawyers by calling The Carrion Law Firm at (718) 841-0083.