Some individuals in Michigan choose to resolve their car accident claims through the process of mediation instead of filing a lawsuit. It’s natural to wonder what to expect at a car accident mediation hearing before you pursue this legal option.
Generally, you can expect both parties to present their case and speak alone with the mediator. The mediator may then make a suggestion about resolving the case. You can get help throughout this process from your Okemos car accident lawyer from our team at White Law PLLC.
We’re ready to answer any questions you have when you contact us for legal assistance.
What Happens During Car Accident Mediation?
Every car accident mediation meeting is unique. However, many meetings have the same general structure, allowing you to prepare before beginning the mediation process. Your mediation may include:
An Introductory Session
Before getting into the facts about your case, your mediation may hold an introductory session. This session may include the mediation, your team, and the insurance representative or lawyers representing the driver who caused your wreck.
The mediator will likely provide basic information about your rights during this section. They’ll also clarify that all statements made in mediation fall under the protection of confidentiality, so lawyers cannot use them in court.
Generally, mediators cannot make legally binding decisions about your car accident claim. They can only issue suggestions. You can expect them to review this information during the introductory session.
Joint or Individual Discussions
Car accident mediators may follow the introductory session by speaking with all parties in one room or splitting the groups up to talk with them separately. Your car accident lawyer can present your statement and represent you throughout the mediation.
In many cases, mediators speak with both parties several times, asking for the best available settlement offers. Mediators frequently ask for an explanation about the fairness of the settlement.
The Mediator’s Advice
After reviewing the legal situation, the mediator can issue a suggestion to all involved parties. In some cases, mediators advise both parties to negotiate a little further to reach an agreement that everyone accepts.
However, mediators may advise both parties to leave and consider a new proposal or proceed with a lawsuit if the groups cannot come to an agreement. Your lawyer will provide you with information and support throughout this process.
Your Fight Is Our Fight
Do You Have to Agree with the Mediator?
Car accident mediation does not result in a legally binding decision. The mediator assigned to your case cannot make you go along with their suggestion regarding your settlement.
You can discuss the suggestion with your lawyer, who can provide information about the possible benefits of accepting the mediator’s proposal. If you and your lawyer decide to decline the offer, you may proceed with a lawsuit in some cases.
How Long Does Car Accident Mediation Last?
The time you spend in car accident mediation can vary based on the complications associated with your claim and the steps taken by the mediator. In some cases, mediation may take several weeks.
However, in most cases involving car accidents, the process takes no more than a few days. Some claims end up out of mediation in a few hours.
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What Happens After Car Accident Mediation?
If you disagree with the mediator, you can refuse the offer and proceed with other legal options to secure compensation for your car accident, which may include funds to cover your:
- Current and future medical expenses
- Lost wages, bonuses, and raises
- Diminished earning potential
- Repair cost for your vehicle and other damaged property
- Pain, suffering, and mental anguish
However, some individuals accept the mediator’s suggestion, thereby resolving their claim. At this point, your car accident attorney may draft a settlement. This document outlines the terms of your agreement with the liable driver.
We recommend that you feel very comfortable with the document before you sign any documents. Once you sign the agreement, you usually lose your right to pursue a lawsuit for additional compensation.
You will always work directly with your attorney throughout your case.
How Do You Get Paid After Car Accident Mediation?
If you agree with the outcome of your car accident mediation, the mediator may make suggestions about how you’ll receive your compensation. Sometimes, you’ll receive a lump sum payment for your losses.
In other situations, the liable party may have to pay you in increments. You can discuss these options with your lawyer.
Find out What to Expect at Car Accident Mediation
Wondering what to expect at car accident mediation? A car accident lawyer from our team at White Law PLLC can help you go over all steps of this process so you feel more confident about the outcome of your claim.
Find out more by calling or completing our online contact form.
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