Many people have heard the term “mediation” but might not know how it works in a Texas injury lawsuit. Our lawyers are skilled in personal injury mediation and can explain how this process can save you time and money.
Mediation offers an alternative to going to court for a long trial. However, our attorneys will not start a case with mediation. After we have collected and reviewed all the evidence in your case, we can discuss whether mediation is the best path forward. If you and the defendant can negotiate reasonably, mediation is often a less expensive option to recover damages. Our attorneys can conclude a case in one or a few sessions without ever having to go to court. This ultimately gets more money in your pocket since you will be saving on expensive court costs. Our team can guide you through every stage of your mediation. If you cannot settle, we can still fight your case in a trial.
Call The Queenan Law Firm, P.C. at (817) 476-1797 for a free case review with our Texas personal injury lawyers.
Understanding How Mediation Works in a Texas Personal Injury Lawsuit
You might have heard of mediation as a process that can help you settle a lawsuit. However, you might not understand how mediation works. In general, mediation is a type of negotiation where both parties to a lawsuit present the cases they would have in court to an appointed mediator.
However, this is not a mini-trial. Mediation does not take place in a courtroom, and the mediator does not act like a judge. Instead, you will usually be at your attorney’s office when it takes place. Further, neither party is required to accept the mediation results. If an agreement cannot be made, the case will likely move on to trial. If you and the defendant can come to an agreement, the case can be settled before a courtroom battle is necessary.
While mediation is not a trial, the terms accepted by the parties are legally binding. Our Amarillo, TX personal injury lawyers can walk you through each step of the process, including gathering evidence and negotiating with the defendant’s attorney during mediation. We will usually request mediation after collecting the evidence we need during “discovery.” The idea is that we want to have the case as prepared for mediation as it would be for a trial. However, agreeing to mediation will be your choice unless the court orders it.
What is most important for you to understand is that you are not legally bound to settle your lawsuit if you agree to mediation. It is simply a way to resolve the case with the least amount of time, money, and energy being spent and avoid trial. If we cannot come to an agreement during mediation, we will be ready to argue your injury case to the court.
Mediation is also a confidential process. This means that any matters discussed during mediation cannot be used later against the party unless proven in some other way.
What is the Mediator’s Role During Mediation in My Texas Personal Injury Lawsuit?
As mentioned, the mediator is not a judge in your mediation. They do not have the authority to decide issues of fact or law or ultimately rule on the case. Their sole job is to facilitate open communication between the parties and help them reach an agreement that works for both. Thus, mediators act in an advisory role. This is in contrast to arbitrators, who do have the power to decide on lawsuits that have to go through arbitration before trial.
They will often communicate with us and the defendant’s attorney several times during negotiations. You might meet with them with our team or with all the parties in the same meeting. How the schedule actually works depends on the case and the parties’ schedules.
Before a mediator is named, you and the defendant must consent to that person being appointed. If the mediator is perceived as biased or placed upon a party, the mediation process will not work. The mediator must be someone both sides trust to act fairly and present both side’s cases accurately. Therefore, the mediator cannot have a personal or financial interest in the parties or results of mediation.
The court will usually recommend a mediator for approval. However, a mediator can only be appointed if both sides are represented by legal counsel. As such, you will not be able to take advantage of mediation if you are pursuing compensation on your own.
What is the Process After Accepting Mediation in Your Texas Injury Claim?
The mediation process is a mix of settlement negotiations and a trial. While it is not a trial, mediation can be broken down into several steps so you can better understand what to expect. The process can take weeks or months, depending on numerous factors, but it is often much less stressful than going to court. In many cases, our team can handle much of the process while you recover from your injuries. The following are the general stages of mediation in Texas:
Opening Statements
Mediation starts with opening statements. This is the stage where the mediator introduces everyone, explains how the process works, and outlines the rules that will be used during the mediation. After this, each side’s attorneys are given an opportunity to present an overview of the dispute and the damages they are seeking.
Joint Discussions
During joint discussions, both sides will discuss the case with each other while the mediator guides the discussion. The goal here is not to decide the ultimate matter but to create an atmosphere of understanding and clarify any misunderstandings.
Caucuses
Next, the mediator will typically meet in private with you and the defendant to discuss ongoing issues, options to address them, and what you will require before you settle. Our lawyers will also be present during these conversations. The caucus allows you to speak about your case with an added degree of confidentiality.
Settlement Negotiations
Once the mediator has the information they need, we can negotiate to settle your lawsuit. In most cases, the parties will be brought back together for the negotiation. Here, we can respectfully argue our position on factors like the amount of compensation you will need and for how long. We can also negotiate any other responsibilities or commitments that should be included for the future, such as an order for the defendant to stay away from you.
Final Agreement
If you find the terms acceptable, the mediator can facilitate a final agreement. The terms of the mediation will be documented and filed with the court. Once the agreement is finalized and the court accepts it, the lawsuit will be settled, and no further legal challenges can be made. Thus, we will make sure mediation gets exactly what you need so you do not lose out on the compensation you deserve.
Our Texas Personal Injury Lawyers Can Help
For a free case evaluation with our Dallas personal injury attorneys, contact The Queenan Law Firm, P.C. at (817) 476-1797.