After filing a motor vehicle accident lawsuit, you’ll likely have multiple options when it comes to settling the suit out of court. This is because going to trial costs money and because most experienced personal injury attorneys are also experienced in settlement negotiations, arbitration, and mediation.
In fact, accident mediation has become increasingly popular in New York State as courts try to motivate disputing parties to engage in alternative dispute resolution rather than fill up court dockets and add to the backlog of an already strained judicial system.
And so, if you or a loved one has been injured in an automobile accident, it’s time to call the seasoned law offices of Schwartzapfel Lawyers before your window to recover financially closes forever. To get started today, call us now at 516-342-2200 or connect with us online for a free consultation and endless peace of mind.
What Is Accident Mediation?
Accident mediation is a form of alternative dispute resolution(ADR). It allows litigants an alternative way to work out issues, settlements, etc. instead of using the courtroom. During the mediation, litigators can sit down with a neutral mediator. This individual facilitates the discussions between the plaintiff and defendant. Both sides can present their case and demands to the mediator.
It is important to note that the mediator is there to facilitate — not decide. They can explain to each party their view, the pros and cons of settlement, etc. The mediator cannot pressure either side to agree or settle.
If the parties come to a settlement, they do not have to take their case to trial. If neither side can agree, however, the parties can walk away from mediation and take their case to litigation in front of a judge.
Note: When mediation results in a quick settlement, it is generally more cost-effective than taking a case to court.
Do You Need Legal Representation For Mediation?
In most cases, plaintiffs and defendants are not required to have a seasoned attorney present for mediation. However, it is likely in your best interest to consult with a skilled attorney and to have one present during mediation proceedings. To illustrate, the right attorney can:
- Evaluate the strengths and weaknesses of car accident claims. While impartial, the mediator can still advise as to how strong your claim may be. This includes costs, damages, and pain and suffering. A skilled attorney may have their own settlement idea for negotiations, but the mediator can advise as to what weaknesses they see lowering that settlement.
- Advise on foreseeable consequences. The mediator cannot advise you or give you advice as to which route to take. They can discuss the consequences, but it is best to discuss the consequences of a settlement with a legal professional who is working with your best interests at the forefront of the case. The right attorney may feel that the settlement is too low and force further negotiations before accepting any offers.
- Develop a winning mediation strategy. The mediator is a neutral third party that facilitates conversation, but that does not mean each side will not have a cogent legal strategy in place. A seasoned attorney can develop and implement an effective strategy for mediation and help you through the process from start to finish.
Going into mediation without the right attorney is risky. Insurance companies are known for offering lowball settlements, hoping victims will settle for less than they deserve. The skilled attorneys at Schwartzapfel Lawyers will make sure you get every penny you’re entitled to — nothing less.
Call us now at 516-342-2200 or schedule your free consultation online today!
What Is The Timeline For Mediation?
So, what does the car accident mediation process look like? Here’s a quick overview:
Step 1: The Introductory Session
The first part of any mediation session is the introductory phase. This is when the mediator should lay out the ground rules for the meeting, explaining that everything discussed is confidential. You’ll likely be in the room with your seasoned attorney, the insurance adjuster representing the at-fault party, and their legal team. The mediator should outline what mediation is — and what it isn’t.
Remember, they’re not there to hand out verdicts; they’re there to help both sides of car accident cases reach a mutually agreeable settlement. At this point, your seasoned attorney can make sure you understand your rights and what’s at stake.
Step 2: Joint And Private Sessions
Once the ground rules are set, the mediator might meet with both parties in a joint session to hear each side’s position. This gives everyone a chance to understand the key points of disagreement.
Afterward, the mediator may split you into separate rooms and move back and forth to discuss settlement options privately. This is where having an experienced attorney really matters — they can present your case clearly and make sure your needs are at the forefront.
In these private discussions, the mediator can talk about the strengths and weaknesses of each side’s case and work toward a middle ground. At this stage, you might be asked to provide details on your car accident injuries, medical expenses, lost wages, or property damage.
Note: Here and beyond, a skilled attorney will make sure that any settlement demands reflect the true extent of your damages and take your full recovery into account.
Step 3: Settlement Negotiations
After several rounds of discussion, the mediator may present their recommendation for a settlement agreement. Significantly, this recommendation isn’t binding — that is, you don’t have to accept it — but it’s meant to be a well-informed calculation based on the facts of the case. And so, at this point, you and your seasoned attorney can weigh the pros and cons of accepting the offer as it stands.
The goal is to reach a fair settlement that covers your medical bills, lost wages, and future expenses without the hassle of a court trial. But if the offer doesn’t meet your needs, don’t worry — you can walk away and pursue other legal options, including filing a lawsuit if necessary.
For more on this at no cost, call Schwartzapfel Lawyers now at 516-342-2200 or schedule your free consultation and/or case evaluation online today!
How Long Does Mediation Take?
You might be wondering how long the mediation process lasts. The answer? It depends. Some mediation sessions wrap up in a few hours, while others might take days or even weeks, especially if the personal injury case is complicated.
The length of your mediation can depend on factors like the severity of the auto accident, the willingness of both parties to negotiate, and how quickly a settlement can be reached.
In general, though, car accident mediation tends to be much faster than going to trial. And if both parties are motivated to settle, you could walk away with a resolution in a matter of hours.
What Happens After Mediation?
If the opposing parties reach a mutual understanding during mediation, a knowledgeable attorney can draft a settlement agreement, making certain that all the terms are clear and acceptable. Next, as the agreement is signed, the case is typically closed and, if agreed upon in the settlement terms, you should begin receiving compensation for your losses thereafter.
That said, you shouldn’t worry if you can’t reach an agreement at this point, as you still have options. Moreover, your seasoned attorney can advise you on the next steps, whether that means taking the case to court or pursuing other ADR pathways like arbitration.
Do You Have To Agree With The Mediator?
No, you don’t have to agree with the mediator’s recommendation. This is because almost all mediations are non-binding, which means that all parties must voluntarily agree to all settlement terms for the agreement to take effect and, thus, become legally enforceable.
And so, if the offer doesn’t reflect what you’re entitled to, your skilled attorney can advise you on whether to move forward with a lawsuit or continue negotiating.
Speak With A Skilled NYC Car Accident Attorney About Your Case Now!
If you or a loved one has been injured in a car crash, mediation may be your best path to securing a favorable settlement. Still, you should never feel that you have to handle it all on your own because Schwartzapfel Lawyers is here to fight for you every step of the way.
With over (150) years of combined experience, our seasoned law firm knows how to get you all the money and benefits you deserve.To this end, we can advise you of your rights and recommend the best strategy based on your case’s evidence and your personal situation.
So, please, don’t wait until it’s too late. Your financial future is too important to leave to chance. Act now and call Schwartzapfel Lawyers at 516-342-2200 or schedule your free consultationonline today.
No matter your situation, it will be our honor and privilege to work toward the best possible outcome for you. Call now!
DISCLAIMER: Nothing on this page should be considered legal advice. You should seek the appropriate counsel your situation requires. For more information, call 516-342-2200 now!
Sources:
Schwartzapfel Lawyers, P.C. | Fighting For You
What is Mediation? | U.S. Department of Commerce
