If you are in the middle of a personal injury case and are struggling to reach settlement, you have several options to resolve your case. To avoid taking your case all the way through to trial, which can be expensive and taxing on all parties involved, you can attempt to mediate your case instead. Mediation is an alternative dispute resolution process that can facilitate a settlement agreement. Most cases are referred to mediation by a judge. Mediation has been very successful in Indiana. Mediation can help you in your personal injury case in many ways. Often mediation is successful, and the parties can settle without heading to trial. Due to the significant cost and time investment of a trial, most parties will be motivated to settle at mediation, and this motivation can greatly facilitate the mediation process. In this respect, mediation can save you significant resources. It can also help you resolve your case sooner, rather than later. A trial takes time and involves witness testimonies, binders full of evidence, and a lot of time at the courthouse attending pre-trial meetings and the trial itself. In many cases, mediation can be completed in one day at a location that is convenient for all parties involved.
Mediation can also give you a good chance at maintaining control of your case. At a trial, it is a judge and/or jury who will ultimately be deciding your case. You may be able to appeal this decision, however, the appeals process similarly takes time and resources and, in the end, an appeal is never a sure thing. Mediation is also a good method to get two parties to settle in a fair and reasonable way while avoiding the court process. A mediator serves as a neutral third party who can work with the two parties to find agreement where there was conflict. Your personal injury attorney presents your case, but you are also present and contribute to the mediation process. However, mediation is not helpful in all cases. If there are significant facts being questioned or your case is particularly compelling, having an objective jury decide the outcome may be in your best interest. Similarly, if you are not prepared to compromise, mediation may not be for you. The mediator works with the two parties, the plaintiff and the defendant, to bring them to an agreement; this agreement almost always involves compromise on both parts. If you are not prepared to compromise, mediation may be a waste of resources.
The experienced personal injury attorneys at Blackburn & Green know it is a big decision to hire an attorney to represent you in your claim or case. If you have any questions or concerns about the personal injury case process, including mediation, contact us today to talk to one of our experienced attorneys. Blackburn & Green offers a Fair Fee Guarantee to make sure you never are charged unfairly. We offer free initial consultations at one of our office locations or at your home or hospital room. Call (800) 444-1112 or (260) 422-4400 to be connected with one of our 25 convenient office locations across Indiana or fill out our online form to schedule a consultation. Contact Blackburn & Green for knowledgeable and caring legal counsel on your personal injury case today.