Truck Accident Mediation
While truck accident cases sometimes go to trial, many of these claims are settled through mediation. Mediation is a process whereby a neutral third party, or mediator, attempts to resolve a truck accident claim without going to trial.
The Mediation Process
A third party mediator attempts to help both sides find common ground, thereby avoiding all of the risks and expenses associated with a court trial. Mediation typically begins with a meeting known as a joint session, during which the attorneys for both sides present their cases to the mediator. After the joint session, the clients split up into separate rooms, where they’re alone with their legal counsel. The mediator then goes back and forth between the parties, listening to both sides and making suggestions in an effort to resolve the case.
Advantages of Mediation
Mediation offers several important advantages, including:
- The mediation process is completely voluntary. Parties involved in mediation may opt out at any time, and a settlement is only reached if both sides agree. A courtroom trial is still an option should negotiations break down.
- The mediation process is confidential. Records of all written and oral communications resulting from mediation cannot be used as evidence during any future judicial proceeding. This allows each party to present their sides of the case without the fear of having their words used against them later.
- The mediation process provides valuable information. Though statements made during mediation cannot be used as trial evidence, defense arguments can give a truck accident lawyer insight into the defense attorney’s strategy.
A Settlement Is a Compromise
Mediation can be a useful tool to resolve claims without the risks and expenses associated with a jury trial. However, the primary drawback is your settlement may be lower than if you’d won at trial.
A settlement is a compromise, so you’re unlikely to get everything you want. However, you can also avoid all of the delays and expenses associated with a truck accident trial. Your attorney can help you decide if mediation is the right approach for your case. To learn more, contact the law offices of Steve M. Lee, P.C., by using the form on this page.