While you need an attorney on your personal injury case so that you are fairly treated and get the compensation you deserve, it doesn’t necessarily mean your case will go to trial. Very few cases ever go to trial and instead are resolved through alternative dispute resolution (ADR) such as case evaluation and mediation.
Case evaluation and mediation are the primary means of ADR in Michigan’s circuit courts and they work to prevent cases from going to expensive and time-consuming trials. A study conducted on behalf of the State Court Administrative Office (SCAO) in 2018 found that cases that used either case evaluation or mediation had 80% higher rates of settlement.
When you engage the Davis Injury Lawyers to pursue compensation for your damages in a personal injury case, you will have experienced attorneys who understand mediation. Our firm will work hard to use the mediation process to resolve your case so that a trial in unnecessary. But if the other side isn’t willing to settle for an amount that is fair and reasonable, we will be prepared to take the case for trial and fight for your compensation.
If you have a personal injury claim, call us today at (313) 462-7979 for a free, confidential case evaluation.
Personal Injury Case Mediation Process
Prior to meeting for mediation, both sides of the dispute will prepare their cases. This typically entails taking depositions of the parties, witnesses, and experts if they are involved. The parties may have exchanged written discovery, called interrogatories, requests for documents, and requests for admission, as well. Once both sides believe they have a firm grasp of the facts, evidence, and defenses, they ask if there can be a mediation.
A mediation, according to the American Bar Association, is a “a private process where a neutral third person called a mediator helps the parties discuss and try to resolve the dispute.” In Michigan, both sides would need to agree as it is a voluntary process.
If the parties agree to mediation, the following occurs:
- Selection of a mediator: We will work with the defense attorney to agree on a mediator. Often retired attorneys or judges serve as mediators and there are also large dispute resolution groups. Choosing a fair, credible, and forthright mediator is essential. Each side must be able to fully trust what the mediator is telling the other about the value of the case.
- Logistics: The parties will work together to find a date and a location that is convenient for all. (While the pandemic is still a public health crisis, mediations are typically held via Zoom or another video meeting program. Each party will have separate “rooms”.)
- During the mediation: The parties will be in separate rooms. We will be with you. In the defense room will likely be the defense attorney and the insurance adjuster. It’s the insurance adjuster who makes the decisions on how much money the company will settle the case for. Sometimes, the mediator may suggest a joint session. If that happens, we will prepare you for it so that you know what to expect and what, if anything, you need to do.
- Consultations: The mediator will move between rooms to discuss the case and offers to settle. At times, we may meet with the mediator outside your presence to discuss legal issues. As the plaintiff, your role is limited.
- Settlement: The purpose of mediation is to settle the case if possible. But sometimes the first session of mediation doesn’t end in settlement. If the mediator thinks the parties have a good chance of settling, additional sessions may be scheduled.
Mediation Can Help You Get the Compensation You Deserve
At Davis Injury Lawyers, PLLC we are devoted to achieving positive results and protecting your right to full and fair compensation for the damages suffered due to someone else’s negligence. If you or a loved one has been injured in an accident, or a family member has died in one, contact us right away to discuss your options with a Detroit personal injury lawyer.
Call (313) 462-7979 to schedule a free, no-risk case assessment.