If you are interested in taking legal action related to personal injuries, you might have heard about mediation. Mediation is an alternative dispute resolution process that may help people resolve legal disputes without a lawsuit or trial. While this option may be available, it is not necessarily required.
Generally, victims of personal injuries are not legally required to participate in mediation, barring specific circumstances. If you signed a legally binding contract, agreement, or waiver before becoming injured, it might contain a clause that mandates mediation to resolve legal disputes. In other cases, a judge may order the parties to participate in mediation. If you are unsure whether you are required to go through mediation, or if you are interested in initiating mediation, ask an attorney for help.
Call (718) 841-0083 and ask our NY personal injury lawyers at The Carrion Law Firm for a free, confidential case evaluation.
Do I Have to Go Through Mediation for Personal Injury Claims in NY?
Mediation is helpful for some dealing with personal injuries and other legal disputes, but it is not necessarily required. Generally, mediation is a voluntary process, although there may be situations where it is not optional.
As mentioned, mediation is a voluntary process. If both parties decide to try to mediate a settlement, they may go through mediation and hopefully come to an agreement. However, if even one of the parties does not want to go through mediation, it does not happen. All parties involved must agree to mediate.
Judges will frequently sign an Order of Reference directing the plaintiff and defendant in an injury case to go through mediation. In this instance, mediation is required, but the goal might not be to reach a settlement. Instead, the parties may be directed to resolve a specific aspect of the case through mediation.
For example, they might be instructed to resolve disputes regarding discovery or the determination of damages through mediation and then come back to court.
Many judges prefer to use mediation unless it is obvious the parties will not agree to a settlement.
Mediation Requirements in Written Legal Agreements or Contracts
In other cases, mediation may be required because it is written into legal agreements. For example, before participating in certain risky activities, you may have to sign a waiver. This is common in things like sports leagues or extreme sports. The waiver may contain terms that require you to mediate legal disputes regarding injuries instead of going to court.
Did you sign a waiver before becoming injured? If you did, review it with our NY personal injury attorneys immediately. If the waiver is somehow faulty, invalid, or unenforceable, you might be able to get around the mediation clause.
Can I Go Through Mediation Even if it is Not Required in NY?
Mediation is often not required and is completely voluntary. You may participate in mediation as long as the opposing party agrees to it. Whether or not mediation is a good idea may depend on the nature of your claim, and you should discuss it with your lawyer.
If you think mediation might be helpful to your case, ask your lawyer about it. They may reach out to the defendant’s legal representative and try to set up a mediation session. You and the opposing party may select a neutral mediator together and meet to try to work out a settlement.
Many people choose mediation because it is a less expensive alternative to a full trial. Mediation is much less formal, the rules of evidence and civil procedure are much more relaxed, and mediation is often faster than a full trial.
Is Mediation Legally Binding if it is Required in NY Personal Injury Cases?
Mediation is not a legally binding process. Even when mediation is required and cannot be avoided, it is not necessarily legally binding. In many cases, parties in mediation cannot come to a mutual agreement, and mediation ends with no resolution.
The results of mediation may become legally binding when both sides agree to the outcome and decide to enforce it. If you reach a settlement, sign it, and have it officially recorded by the court, it becomes a legally binding agreement. As such, you must be very cautious when approaching mediation. While the process itself is not legally binding, a resulting settlement is, and you might be unable to change it after agreeing to it.
Can I Avoid Required Mediation in NY?
Not everyone wants to participate in mediation. If you are required to go through mediation, an attorney might be able to help you get out of it.
Consider why mediation is required in your case. Did you sign a contract or waiver that makes mediation mandatory? If you did, your attorney may be able to find ways around it.
If the mediation clause, or the entire contract, is legally unenforceable or invalid, you may avoid mediation. This may come up if you signed the contract or waiver under duress, or you could not give valid legal consent to sign it. This is often the case when minors sign waivers, as you must be 18 to do so or have a parent sign with you.
If you are going to mediation because the judge in your case required it, we may be able to show the judge mediation will not work, allowing us to move on to trial without it.
How Often is Mediation Required in NY Personal Injury Cases
It is hard to say how often mediation is required in personal injury cases. Since the process is usually voluntary, unless you have signed a waiver, it is often up to the parties to decide whether to participate in mediation.
In cases involving waivers, mediation is more common, although this varies based on the terms of the waiver. Some waivers require arbitration instead of mediation, which is legally binding, unlike mediation. Remember, these processes are not the same, and you should review the waiver with an attorney.
In cases involving accidents (e.g., auto accidents, work injuries, slip and falls), there is usually no waiver or no mediation requirement. Even so, you can go through mediation if both parties are open to it.
Speak to Our NY Personal Injury Attorneys About Your Case Today
Call (718) 841-0083 and ask our Staten Island personal injury lawyers at The Carrion Law Firm for a free, confidential case evaluation.