Texas personal injury cases are typically resolved through settlements. When the parties cannot reach an agreement, the plaintiff often files a lawsuit. Before the case goes to court, however, mediation often comes first. Mediation is increasingly proving to be a beneficial process for all parties and the judicial system.
Have you been hurt by someone else’s unlawful actions? You may deserve significant compensation. Terry Bryant Accident & Injury Law is ready to fight for you at every stage of your claim. Call (713) 973-8888 or toll-free 1 (800) 444-5000 for a free case review.
What Is Mediation?
Mediation is a private conference in which the parties in a case attempt to resolve their dispute with the aid of a neutral mediator. It is an informal process that seeks reaching a compromise between the parties with the purpose of avoiding the uncertainty and expense of trial.
Benefits of Mediation
The main benefit of mediation is the time and money it saves. Trials require an enormous amount of resources and time. Typically, no one in a personal injury lawsuit wants to go through a trial. For this reason, mediation has become a popular tool in difficult-to-resolve personal injury matters.
Another major benefit of mediation is that proceedings take place behind closed doors. No record of the proceedings is generated. Parties with privacy and confidentiality concerns can benefit greatly from mediation.
Other benefits of choosing mediation include:
- It is less stressful and combative than trial litigation.
- The parties have more control over the outcome of the dispute.
- It promotes open communication and empathy between the parties.
Generally speaking, mediation results in one of three outcomes:
- An agreed-upon settlement
- A trial in court
- A renewed attempt at mediation.
Mediation is not binding until the parties sign a binding agreement detailing the results of the mediation. At any point in the mediation, either party may decide to walk out. Additionally, if a party does not agree with the results of mediation, they can decide to proceed with litigation.
The Mediator
Selecting a mediator is an important part of mediation. Both sides will seek a professional with the proper training and experience, who will have strategies and methods that help them hopefully come to an agreement. One or both sides may provide their own list of suggestions to consider. From the options presented, both sides must select and agree to the mediator.
As mentioned, the mediator must be a neutral third party whose primary goal is to bring the parties involved to a settlement. Although a mediator may ultimately side with one party over the other, they do not have a stake in the proceedings.
Terry Bryant Accident & Injury Law aggressively seeks to hold insurance companies accountable for the full amount of damages owed to our clients.
The Mediation Process
The mediation process does not become a possibility until the parties to the claim fail to successfully negotiate a settlement on their own. If the other party’s insurance company is refusing to settle your claim for fair value or is refusing to settle your claim at all, your attorney may proceed litigation.
After your attorney files a lawsuit, the defense counsel representing the other party’s insurance company will want to take your deposition to obtain information from you about the case. A deposition is an out-of-court procedure, where a party or witness will give their sworn testimony about information and facts surrounding the case.
Your attorney will also typically take the deposition of the responsible party or parties to gather additional information for your case. After depositions have been taken, your personal injury case will likely proceed to mediation.
During mediation, each party’s lawyer typically opens by preseting their side of the issue and how they believe a jury would rule in a trial. No witnesses are called. Instead, the mediator is free to ask questions of the attorneys in their attempt to get at the heart of the matter.
Once both parties have presented their case, the mediator will place each party in a separate room with their attorneys. The mediator will then go between each room to speak with each party independently. During these segregated sessions, the mediator will attempt to get each party to compromise into a settlement.
When a party’s case or arguments are strong, the mediator might use these arguments to convince the other party to settle. When a party’s case is particularly weak, the mediator will also point this out and attempt to convince the weak party to consider yielding the issue.
My Case Did Not Settle at Mediation — Now What?
Mediation is a tool to save parties the hassle and expense involved with trials. Unfortunately, it does not always lead to case resolution. For those who cannot resolve their cases in mediation, the next step is trial.
However, before going to trial, the parties may elect to go through a second mediation. With the passage of time and a new mediator, second mediation results can sometimes differ from the first attempt. In some cases, a third attempt at mediation may even be appropriate and ultimately fruitful.
If a trial is necessary, the attorney will begin preparations and help the client ready themselves for what is to come. Keep in mind that at any time before a verdict is rendered, the parties may come to a settlement.
Let the Attorneys at Terry Bryant Accident & Injury Law Help You!
Being involved in a personal injury accident can be a life-changing and overwhelming experience. You were injured and are now confused about the next steps you should be taking to help yourself – but you don’t have to face this alone!
Mediation can be an effective way to resolve a personal injury claim fairly and for less time and money than is needed for a trial. Terry Bryant Accident & Injury Law has fought for and won valuable damages for clients in mediation and at trial, and we’re ready to fight for you.
When Terry Bryant Accident & Injury Law takes your case, you can count on our team to aggressively pursue every dollar you deserve. Call (713) 973-8888 or toll-free 1 (800) 444-5000 for a free and confidential consultation.
Attorney Terry Bryant
Terry Bryant is Board Certified in personal injury trial law, which means his extensive knowledge of the law has been recognized by the Texas Board of Legal Specialization, setting him apart from many other injury attorneys. The 22 years he spent as a Municipal Judge, Spring Valley Village, TX also provides him keen insight into the Texas court system. That experience also helps shape his perspective on personal injury cases and how they might resolve. This unique insight benefits his clients. [ Attorney Bio ]
