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Worried that you might have to go to court if you file a personal injury claim? Let’s put your mind at rest.

If you have suffered a personal injury that wasn’t your fault, you might need to file a claim through a personal injury lawyer. If you don’t, you may end up being brushed under the proverbial carpet by the lawyers on the opposite team.

So how does the process of mediation work? We wanted to put it under the microscope to try and arm you with the facts. If you are swithering over whether or not to go to court, this article might just help you out.

What exactly is Mediation?

Personal injury mediation is one of the things you will have to go through, should you get as far as starting proceedings against a third party. In the case of personal injury, this means that the mediation will usually happen between you and the insurance firm belonging to whomever caused your injury. Your personal injury attorney should also be present.

There are multiple reasons that you should hire a lawyer if you have been injured and need to claim compensation. They will get you the best possible deal for your money, will help you negotiate any legal loopholes, and know the ins and outs of past cases that could set a precedent on your behalf.

If you don’t have a personal injury lawyer yet, contact the legal services at Johnston Law Firm in Portland, OR. They will be able to answer your questions and set you on the right path.

What If I Mediate for Myself?

You don’t have to hire a lawyer for mediation but it is probable that you will not make a successful claim otherwise. You will be negotiating with professionals who perform this task day in, day out. There is little you will be able to do in the face of this knowledge.

When does mediation begin?

Mediation is often order by a judge as a final step before they send you to court. It is possible that they think your case can be settled out of court. If you have a strong case and a good lawyer, they might well be correct.

Going to court is costly for all involved. You will have to pay lawyers fees and time, and then you may not win as much as you are offered through mediation and settlements. When we refer to an out-of-court settlement, it has usually come about as a result of excellent mediation between all parties involved.

Who Attends a Personal Injury Mediation?

You can expect yourself and your representation, the opposition and their representation, and an appointee of the court there. The court appointee will direct proceedings.

What Happens During Mediation?

Everyone will be introduced and will sign a confidentiality, non-disclosure agreement. Once signed,  your side will present their case, the opposition will then present their case. After this, the two parties are sent to separate rooms and the court appointee goes back and forth between the two, trying to resolve the issues.


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