If Mediation is an Option in Your Car Accident Case, Here’s What You Should Know
One of the common misconceptions about car accident cases in Palmdale is that every car accident case eventually goes to trial and is resolved by a jury of one’s peers. However, in real life, trial is not always what resolves or “ends” a case. Indeed, there are a number of ways that a Palmdale car accident case can be resolved without protracted and ongoing litigation culminating in a trial. One of those ways is called “mediation”, and it is a popular process for resolving car accident cases in Palmdale and throughout most, if not all, jurisdictions. To help Palmdale car accident victims better understand the ins-and-outs of the mediation process, we provide the following short guide.
Mediating a Palmdale Car Accident Case – The Players
At the outset, it is important for Palmdale car accident victims to understand just who is involved in the mediation process. Typically, a mediation will include all of the parties (plaintiff or plaintiffs and defendant or defendants) to the lawsuit, their lawyers, and another person, called a mediator. A mediator is a third-party who is not involved in the case and is meant to be entirely neutral. The mediator’s role is to facilitate settlement discussions between the parties in a constructive way, with the ultimate goal of the parties resolving the case at the end of the mediation.
Mediation – (Typically) a Voluntary Process
Importantly, mediation is typically a voluntary process and the parties to a Palmdale car accident lawsuit need only agree if they see a pathway to resolving the case outside of court. Mediation is only really successful if both parties are willing to be engaged in the process and negotiate in good faith. At the end of the mediation, if the parties have reached an agreement to resolve the case, their agreement is not “binding” unless they also execute a settlement agreement or a memorandum of understanding memorializing the terms of the agreement. In addition, the mediator is not a judge and does not have decision-making power, only the parties can agree to resolve the case.
Pros and Cons of Mediating a Palmdale Car Accident Case
Mediation may be a more cost-effective and shorter process than litigating a Palmdale car accident case through to a trial. In addition, mediation may provide more certainty to a Palmdale car accident victim because they have the power to accept or reject a settlement offer to resolve the case. In court, the fate of the parties is left up to the jury or a judge.
Help with Your Palmdale Car Accident Case
If you have questions about your Palmdale car accident case, contact the experienced Palmdale car accident lawyers at the Trevino Law Firm. The experienced Palmdale car accident lawyers at the Trevino Law Firm offer a free and confidential consultation to learn about your potential case and to see if they can help you get compensation due under California laws. Contact the Trevino Law Firm today and speak to a lawyer about your case for free.
Serving injury victims throughout the Antelope Valley, including Lancaster as well as smaller communities like Littlerock and Lake Los Angeles.