Mediation of personal injury cases with a Louisville mediation lawyer can save you and the opposing party significant time and money.
Mediation is an informal process for parties in a lawsuit to discuss and resolve some or all of the case. In mediation, the parties can discuss a settlement under the guidance of a mediator. In Kentucky, the trial judge can order mediation or parties can decide on their own to attend mediation. The Kentucky Supreme Court has adopted specific rules that pertain to mediation. If the trial judge orders mediation, parties are required to follow these rules. If parties voluntarily participate in mediation, they are encouraged, but not required, to follow the rules.
At any time before or during litigation, the parties may voluntarily choose to participate in mediation. Typically, parties may decide to use mediation to resolve some or all of their dispute as a way to save time and money.
Mediation of a Personal Injury Case
The parties or the judge assigned to the case can initiate the mediation process. Depending on the situation, the judge may recommend that the parties resolve part or all of the issues in your case in mediation. You may be able to reach a settlement, but even if that’s not possible, you may be able to resolve certain issues and leave more complicated issues for trial.
For example, in personal injury litigation cases, mediation may be appropriate to settle certain factual issues. In a medical negligence and malpractice case, these factual issues might be that the doctor prescribed medication and ignored statements by the patient. Having these basic facts agreed upon would allow the parties to move on to other issues, either during mediation or in court.
Once the parties reach an agreement about certain issues or settle the case, they will put the agreement in writing and sign the document. If a lawsuit is ongoing, then the parties or their attorneys will present the agreement to the judge.
The Role of the Mediator in a Personal Injury Lawsuit
Mediators are third parties who do not have any interest in the outcome of the case. They are not always lawyers, but a mediator who is also a lawyer will be in a better position to understand the issues you are negotiating. Typically, the parties each agree to pay half of the fee for the mediator’s services. This is done in the spirit of fairness and to avoid any perceived or actual conflict of interest.
The Louisville injury mediation attorney may speak with you before the session to gain background information and understand your goals for mediation. With exceptions, the parties and, if represented, their attorneys attend. The mediation session can last a day, or can occur in multiple sessions throughout the lifecycle of the case.
During mediation, the parties generally start out in the same room to discuss preliminary matters and explain the issues. The mediator will listen to each side and lay the foundation for the mediation. Afterwards, the parties typically go to separate rooms and the mediator takes turns speaking with each side. The parties can communicate with the mediator in confidence. Mediators can disclose confidential information only with the consent of the party, unless an exception applies. Mediators can make settlement recommendations; however, the final decision is up to the parties.
Benefits of Mediation
Litigation can last for years, especially in complex personal injury cases. The outcome of the case, if it goes to a jury, will be entirely in the jury’s hands. Mediation can provide parties with more control of the outcome and the amount that they receive or have to pay. Mediation can also trim down the issues the parties litigate in court, streamlining the litigation process.
Why Should I Hire a Mediation Lawyer?
Kentucky law allows non-attorneys and licensed attorneys to be mediators. The Kentucky Supreme Court mediation rules make it mandatory for mediators to receive training in conflict resolution of civil cases.
In choosing a mediator, it’s to your benefit to have an experienced Louisville mediation attorney with conflict resolution training to help resolve your case. A seasoned Louisville injury mediation lawyer with conflict resolution training can help parties amicably reach an agreement. Having experience litigating personal injury cases may give them a firmer grasp of appropriate or typical settlement amounts for a given personal injury case.
A Louisville Mediation Attorney at Gladstein Law Firm, PLLC Can Help You
Gladstein Law Firm, PLLC, has decades of experience handling complex personal injury cases on the side of both plaintiffs and defendants. As a Louisville mediation law firm, they also have the skills to help you navigate the process of mediating injury cases.
Our experienced lawyer also assists clients with all types of serious injuries cases, including:
Gladstein Law Firm, PLLC prides itself in providing quality and compassionate mediation services in the Louisville metro area. Call us today or contact us online to learn more or to schedule your mediation.