Mediation is becoming increasingly popular in personal injury claims, including boating accidents. This process helps parties work together to resolve their legal dispute. A specially-trained mediator helps them communicate better and achieve a settlement with which they both can agree. Some things to expect from boating accident mediation are discussed below:
Personal injury mediation usually lasts a half-day or full day. However, if the case is more complicated, it may last longer. For example, it may last longer if there are multiple parties involved. Additionally, some parties may be reluctant to settle the case at the first mediation appointment but may return later to this forum and resolve their case.
Anything that either party says during mediation is kept confidential, as long as the parties agree to this upfront. If a party admits fault or anything else against his or her interests, these statements cannot be used against a party later in a lawsuit. This characteristic of mediation usually motivates parties to discuss the case more candidly.
Choosing a Mediator
The parties are free to choose a mediator of their liking. If the parties are both represented by legal counsel, their lawyers may agree on a mediator. They may choose a mediator they have used in the past. They will look for someone with subject matter expertise and who is skilled at mediation.
Involvement of the Parties
Mediation is different from other areas of the law because the parties are intricately entwined in the process. They each will have an opportunity to state their position in the case and communicate about why they think a particular settlement is appropriate. The victim can discuss the impact of the injury on his or her life and the insurance adjuster or defendant can discuss mitigating factors.