In a personal injury case, a mediator plays a crucial role by assisting with communication and negotiation between all parties involved. As an impartial third-party with training in alternative dispute resolution methods, the mediator helps the parties reach a settlement agreement.
The mediator may be appointed by the court or selected by the involved parties. Once selected, the mediator schedules a mediation session with all parties, including the injured party, their attorney, the defendant, and the defendant's attorney.
During the mediation session, the mediator listens to both sides' arguments and facilitates communication between the parties. They may offer guidance on the strengths and weaknesses of each side's case and suggest settlement agreement options.
If an agreement is reached, the mediator drafts a settlement agreement outlining the terms of the settlement, which all parties sign.
It's important to note that the mediator does not make decisions on the merits of the case but instead facilitates communication and negotiation to reach a mutually acceptable settlement agreement. Mediation is often a cost-effective and efficient alternative to going to trial.