How Do I Work Out a Settlement from an Accidental Injury?
A settlement is a legal agreement where the person who was harmed and the person (or company) responsible agree to resolve the matter, typically through financial compensation. Settlements can occur at any point before, during, or even after a lawsuit has been filed.
When Do Settlements Typically Happen?
Settlements can happen at various stages of a case. Some resolve before a lawsuit is even filed, while others settle during litigation or right before trial. Mediation is one of the most effective tools attorneys use to help parties reach a resolution.
What Is Mediation?
Mediation is a voluntary, non-binding process where a neutral third party (the mediator) helps both sides negotiate a settlement. It is often quicker, less expensive, and more flexible than going to trial. It allows the parties to stay in control of the outcome.
Who Serves as Mediators?
Mediators are usually experienced legal professionals, such as retired judges or attorneys with backgrounds in the area of law at issue. In personal injury cases, mediators often have experience on both the plaintiff and defense sides, making them well-qualified to guide both parties toward a fair settlement.
What Is the Goal of Mediation?
The main goal of mediation is to find a mutually acceptable resolution. Settlement is possible if the injured party’s minimum acceptable amount is equal to or less than the maximum amount the defendant is willing to pay. Mediation helps both sides assess the risks and benefits of trial versus settlement.
When Should I Consider Mediation?
Mediation is often pursued after the discovery phase, once both sides understand the evidence and strengths or weaknesses of the case. In strong cases, plaintiffs may wait until after the summary judgment phase to mediate, while others may seek early resolution if liability or damages are uncertain.
Do I Have to Testify During Mediation?
No. You are not required to testify during mediation. Most of the communication is between your attorney and the mediator. You may be asked questions by the mediator in a private session, but nothing said during mediation can be used later in court.
Is Mediation Confidential?
Yes. All discussions during mediation are confidential. The mediator can only share information with the opposing party that you permit. Confidentiality encourages open and honest negotiations.
What Are the Steps in the Mediation Process?
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Position Papers: Each party submits a summary of their case to the mediator and opposing side.
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Joint Session: Each side presents their arguments and hears the other side’s position.
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Private Sessions: The mediator meets separately with each party to discuss settlement options and evaluate the strengths and weaknesses of the case.
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Negotiation and Agreement: If the parties reach common ground, they sign a settlement agreement.
Who Chooses the Mediator?
The parties can mutually agree on a mediator or ask the court to appoint one. In Georgia, resources like the Georgia Commission on Dispute Resolution or private mediation firms—such as Henning Mediation, Bay Mediation, and Miles Mediation—can help identify qualified mediators.
Why Is Mediation a Good Option?
Mediation reduces the uncertainty and cost of litigation, allows for creative solutions, and keeps the decision-making in the hands of the parties rather than a judge or jury. It is a strategic, lower-risk option for resolving personal injury disputes.
