If you have been injured or have suffered the loss of a loved one due to a car wreck, you should know your options for getting compensation. While you may be within your rights to sue, for some, the stress of court dates and litigation is too much to handle.
If this is the case, you may prefer going through a less-structured mediation hearing with the help of a car accident attorney. However, whether litigation or mediation is better for your case will depend on the circumstances.
Here, we will cover some of the differences between mediation and litigation, what happens at mediation for auto accidents, and how to determine which option is better for you.
What’s The Difference Between Mediation And Litigation?
To begin with, we should define what both mediation and litigation are. Litigation is what happens when you begin a civil lawsuit, and usually ends in a court trial if the matter is not resolved out of court. It involves demanding that the person responsible for an injury or wrong take certain actions to resolve the problem or compensate the victim.
If the person you are taking legal action against refuses to take responsibility for their actions or refuses to perform the actions requested, you can file a complaint with a civil trial court and begin the long litigation process.
Mediation, meanwhile, is an informal, confidential process that avoids the civil courts. It is an alternative to litigation that requires all parties to agree to participate. A mediator engages with separate parties that present their positions and tries to negotiate a resolution. Mediation often involves compromise more than winners and losers.
What Happens During Mediation?
Car accident mediation often involves resolving settlements with your insurance company so you can avoid lengthy and expensive legal proceedings.
Even if you have decided to avoid litigation, it is still important to retain a lawyer rather than dealing directly with the at-fault party. You will be more likely to get the compensation you need and be able to avoid the psychological or emotional harm that comes from talking directly to the person or entity at fault.
During mediation for car accidents, if the other party is an insurance company, they will be represented by attorneys, which is another reason you should involve a car accident lawyer.
Both you and the other party will prepare a brief, including your calculation of damage costs and settlement demands, and present your sides of the case to a neutral third-party mediator. Both parties will share their briefs with each other and the mediator before the mediation occurs.
Like a regular court case, often both parties will make introductory statements, then split up into separate rooms, where they will each speak with the mediator on their own. This allows the mediator to act as a go-between, preventing bad feelings and negative action between the parties.
What Happens When Mediation Fails?
The purpose of mediation is to avoid litigation. It is not itself considered a legal proceeding. Once mediation is complete, both parties will sign a settlement agreement. If an agreement isn’t reached, often litigation will be the result.
Litigation is often required if the other party refuses to take responsibility for the accident. Often, lack of witnesses or evidence can make it difficult to determine who is at fault for the accident. For example, if someone strikes your vehicle from behind, they will often be assumed to have been driving negligently.
However, even though the burden of proof lies on them, this doesn’t mean you can’t be blamed. If you stopped suddenly or caused a hazard that the other driver can argue they couldn’t have avoided, you may be held liable for the accident. Your lawyer can discuss how likely you are to be held liable and what defense, if any, you will need if the case is brought to court.
If mediation is not able to bring both parties to an agreement, then you should talk with your attorney about what your options are for litigation and compensation.
How Do I Know If Mediation Is Right For Me?
The purpose of mediation is to avoid litigation. It is not itself considered a legal proceeding. Once mediation is complete, both parties will sign a settlement agreement. Litigation will usually be necessary if the parties cannot agree on a settlement.
Mediation is good for those who may not have the money, time, and energy to devote to a full lawsuit. They are often cheaper, quicker, and more private as well. They are a good option for issues where both parties are willing to compromise.
Mediation is also especially good for situations where both parties agree on the basic need for a claim but disagree on the exact amount or type of compensation or restitution. If, on the other hand, the defending party disagrees with the claimant on all of their claims and refuses to admit fault at all, litigation may be the only alternative.
Insurance situations where injury claim negotiations have reached a stalemate can be navigated through mediation. It allows both parties to present the facts and adjust their own stances without being forced to by a court of law.
If the idea of going to court causes severe stress or anxiety, if you worry about the time and money litigation soaks up, or if you’d just prefer to handle the settlement in a more informal and private manner, then mediation is your best option.
When Mediation May Not Be Best
On the other hand, if both parties seem to be hostile to each other and neither agrees on the basic need for a settlement or claim in the first place, then mediation will likely not work. Litigation may also be necessary when mediation is unsuccessful.
Regardless of which you choose, be sure to get the services of a skilled car accident lawyer. They can talk you through your options and suggest whether mediation or litigation is your best option for getting the settlement you need.
