Could Your Lawsuit Be Ordered to Mediation? Understanding How Pre-Trial Alternatives Can Affect Your Case

Dispute Resolution Blackburn & Green - April 1, 2016

lawyers - avvocatiIn Indiana, before a personal injury lawsuit goes to trial the parties will almost always be ordered to attend mediation. During the mediation process, the parties will attempt to settle the case without going to court.

This type of alternative dispute resolution is common in many areas of the law. Before beginning mediation, the parties will first agree on a mediator. This person is usually an outside attorney who understands personal injury law. The mediator is neutral and has no stake in the case. If the parties cannot agree on the mediator, the court generally will appoint one. The mediator is not a judge and has no ability to decide the case. Instead, the mediator facilitates settlement discussions between the two parties.

Before mediation, each party will compile a document listing the legal arguments and evidence in his or her favor. This document is confidential and will be submitted only to the mediator. Once the mediator is apprised of the issues in the case, the parties will come together to begin the mediation session.

Mediation sessions may last a few hours or could take place over several days. In some types of mediation, all parties will be in the same room together and will attempt to work out a settlement as a group. In other types of mediation, the parties may be in separate rooms with the mediator acting as a liaison between the parties.

Mediation is a confidential process and the parties’ statements during mediation cannot be used later in court. This confidentiality helps both sides have open and honest discussions in order to reach a settlement.

The parties are not forced to reach a settlement. If the parties cannot reach an agreement or if either party does not want to settle the case the lawsuit may proceed to trial. However, the mediation process is often successful at creating a resolution to the case.

If you were injured due to someone else’s negligence, you have the right to pursue compensation at trial and in mediation. At Blackburn & Green, our attorneys have resolved hundreds of claims on behalf of injured people at mediation and know how to negotiate in favor of a settlement that will fit your needs.

To schedule your free consultation with attorneys at Blackburn & Green, fill out our online case evaluation form, or call our office at (800) 444-1112 or (260) 422-4400.

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