Author: Kate Bosworth
What is Mediation?
Mediation is an informal form of dispute resolution that happens outside a courtroom. If you have a personal injury lawsuit pending in the state of Wisconsin, mediation is required before the parties are permitted to go to trial and have their dispute heard by a judge or jury in the courtroom. Mediation is a settlement conference between parties to a dispute – in personal injury cases, an injured person and the insurance company or the at-fault party – with a neutral third-party mediator assisting and facilitating the settlement conference. The mediator’s job is to try to help the parties reach a settlement.
Common Questions about Mediation:
- Will my case settle at mediation? Probably. Most personal injury cases are settled at or after mediation. Only a small percentage of cases go to trial. However, it is the injured party’s choice whether to accept a settlement offer, not the lawyer. The lawyer will make recommendations for you based on their experience and their knowledge about the compensation that the injured party is entitled to, but only the injured party gets to choose whether to accept the settlement or not. If the injured party decides not to accept the settlement offer, then the case proceeds to trial. However, many failed mediations settle before trial. It is not a deadline for settlement.
- Do I have to go to mediation? Probably. Mediation is required in Wisconsin before parties are permitted to get a trial date from the judge. However, if the parties agree that mediation is not going to be fruitful, they can stipulate to waive mediation and request that the judge grant their waiver request. Although most personal injury cases do go to mediation, in some cases the parties agree that it is not going to be fruitful and they waive it.
- Do I have to see the other party at mediation? No. In most mediations, the injured party is in one room with their attorney, and the insurance company or at-fault party is in another room with their counsel. The mediator will go back and forth between the two rooms communicating settlement offers and responses, and the parties never usually see each other.
- What is the benefit of mediation? It is a lot less expensive than a trial. It also eliminates the risk of a trial loss. However, in some cases, insurance companies simply won’t offer what the case is worth at mediation. In those instances, a trial might be necessary for the injured party to become fully compensated. An experienced personal injury attorney can guide you through this process and give recommendations as to whether an offer should be accepted, mediation should be conducted, or a trial should be sought.
- Do I need an attorney at mediation? Yes. Although mediation is a settlement conference, there are lots of opportunities to advocate. The mediator needs to understand the injured party’s claims and why the insurance company’s defenses to those claims do not have merit. A qualified personal injury attorney is a trained negotiator. They will have experience with local mediators and advocating for their clients in a mediation context. In the video above, Attorney Matt Biegert explains why an experienced personal injury attorney is necessary at mediation.
If you have a personal injury claim, you will likely find yourself in mediation. Most cases will be settled at or after mediation. If mediation fails, it is still possible that your case settles before trial. Some cases just need to go to trial. An experienced advocate can advise you as to whether your case falls into the category of cases likely to settle where mediation would be fruitful and productive, the estimated value of your case, and whether a trial is recommended instead of mediation.
If you’ve been injured in an accident and have questions about mediation or personal injury cases in general, call an experienced attorney at Doar, Drill & Skow today for a free consultation.