Understanding Legal Mediation
Note: This was featured as part of our Wednesday segment on Charleston’s 105.5 The Bridge with Box in the Morning. You can catch us every other Wednesday morning at 8:50 am ET for the latest law tips and legal news. You can listen to the segment below:
When a lawsuit has been filed, both parties may decide on a settlement instead of continuing with the litigation process. Your attorney will help you weigh the costs against the potential gains of another trial versus settling with the opposing party. Incurring additional legal fees and spending more time in court may not be worthwhile depending on your case. Sensitive cases may also benefit from a settlement instead of public court appearances.
After the prosecution and the defense agree on legal mediation, a licensed attorney or retired judge will act as a neutral third party and help arrange a fair settlement. The mediator will allow both sides explain their case and then facilitate a voluntary agreement based on the evidence presented.
A mediator should be hired whenever the parties are unlikely to reach a decision without consulting an unbiased third party. If a large amount of money is at stake, such as personal injury lawsuits where the victim is facing expensive medical bills, a settlement may help save both parties time and money. John Price worked on a case involving a young girl who required back surgery and other serious medical procedures after a car accident caused by an uninsured driver.
The driver’s attorney argued that the victim had many pre-existing conditions which would have required medical attention regardless of the accident.
However, the prosecution was able to prove that the surgeries were a necessity because of the car crash. Both parties agreed to settle the matter through a mediator who was able to reach a fair decision regarding liability coverage.
Mediations are not a binding process, which means that they can be ended settling on an agreement. An ideal mediator should be able to listen to both perspectives and help the opposing lawyers and individuals reach a consensus.
Although personal injury, wrongful termination, or family disputes are well-suited for a mediator, it is not applicable to cases such as DUI or criminal charges, deportation, or bankruptcy.
Lawyers are involved through the whole mediation process must artfully convey their client’s case without misleading the other party. The legal language of mediation is constantly evolving. Attorneys want to maintain their integrity and personal reputations while ensuring that a client receives fair compensation.
Our team at John Price Law Firm provides compassionate, experienced representation to victims of motor vehicle accidents, personal injury, medical negligence, or dangerous work conditions. To speak with our legal experts, contact us online or at (843) 552-6011.