At Fox Injury Law, a common question we hear is, “Is mediation legally binding in personal injury cases?” The answer is that it depends on the outcome of the mediation process. If a signed document and judicial review are involved, then mediation becomes legally binding. However, the process itself is, in no way, binding. A Tucker personal injury lawyer from Fox Injury Law can guide you through the process and help you reach an agreement faster.
What is mediation and how does it work?
Mediation is a type of alternative dispute resolution (ADR). It is a means for you and the other party to work out your differences with a neutral third party and avoid going to court. The goal is to find common ground and reach an agreement.
During a mediation session for a personal injury case, both parties communicate their complaints and requests while the mediator facilitates discussion and provides suggestions. With their help, each party works to find a middle ground during the process. A successful mediation means that an agreement is reached and the matter can be settled.
When do I need a mediator?
When you file a personal injury claim, insurance companies or opposing parties may not cooperate with you or pay you what you are entitled to recover. Negotiations may not always yield favorable results either. In these situations, injury lawyers may recommend trying meditation to help you reach an out-of-court settlement for your personal injury lawsuit.
Who can serve as a mediator?
Anyone can serve as a mediator as long as they meet the requirements and receive the appropriate training. A mediator is most generally a retired judge or a personal injury lawyer, but can include other types of individuals as well. All mediators must also adhere to the rules of the Georgia Uniform Mediation Act.
Is mediation a confidential process?
One of the benefits of the way mediation works is that it provides an opportunity to resolve your claim privately and confidentially, unlike litigation. According to the Georgia Commission of Dispute Resolution, anything discussed in mediation may also not be used in court if your personal injury claim must go to trial. Limited exceptions to confidentiality may apply. However, once mediation agreements are signed and approved by the court, mediation results are not confidential. Some exceptions may also apply that may allow confidentiality in some situations.
What are the benefits of mediation?
Aside from confidentiality, mediation allows you to retain control over how your case is resolved and the potential outcome. A mediated settlement is often more favorable than having a judge issue a decision for you. Another benefit is that mediation is significantly less expensive than litigation, and often provides faster results.
What if an agreement cannot be reached?
If you and the other party are unable to reach an agreement, then your case may require another form of alternative dispute resolution(ADR), or may need to go to trial. This means that an arbitrator, or a judge and jury will hear your case. An arbitrator’s decision, a judge’s order, or a jury’s verdict will settle the decision for you. Litigation prolongs the process and gives you less control over the outcome.
Ask Fox Injury Law about mediation today
A personal injury attorney from Fox Injury Law can discuss your options with you and help determine if mediation could be a good fit for your personal injury case. Mediation has many benefits and can help you get results faster. To learn more about mediation, schedule a free consultation with our attorneys when you call our office at (404) 777-7778 or contact us online.
