If someone has been injured during the course of an accident, that same individual can bring charges against the negligent guilty party. Once those charges have been filed, the two sides can fight it out in a courtroom or talk it out. Negotiations frame the rules for the initial round of talking. Still, not all negotiations lead to a settlement. In the absence of a settlement, the claimant gets to select the best way forward. That could mean having the case tried in a courtroom. Alternately, it could involve utilization of the method known as mediation.
What lawyers like about mediation
It gives an injury lawyer greater control over the setting for a meeting of the 2 opposing parties and how the discussion between the 2 parties will proceed.
General features of mediation
Both parties should be open to a discussion of the recognized problem. No one party should force the other to pursue the mediating process as it is only done when both parties agree to it. This is a confidential process. No one will record what is said. The mediating parties can get up and leave at any time. In the absence of a decision, the 2 parties must pursue litigation.
General features of mediator
The 2 parties should agree on a mediator.The person chosen by the 2 parties should remain neutral; he or she should not become a source of advice or opinions.
Each party can share 4 things with the mediator: 1) What that party hopes to gain; 2) The nature of the dispute that has led to the launching of mediations: 3) Who the 2 parties are; and 4) What is at stake for a given party. (This is explained more fully in the next paragraph.)
Strategy developed by an experienced mediator
He or she learns how to take maximum advantage of each party’s willingness to explain what is at stake for the members of that party’s side. For instance, each side can explain how heavily that side has invested in a given course of action. If objections were not raised until after a large investment has been made, the person that has made the largest investment stands a better chance for winning the mediator’s support.
The lawyers’ role during mediations
Make sure that all voices get heard and all relevant issues get addressed. Provide assurance to client, if he or she suspects that the other party will not be honest when discussing information. An injury lawyer in Red Deer provides added guidance, if complex issues must be discussed and provides added guidance, if multiple issues must be addressed. Injury lawyer provides assurance to client, if he or she fears that the other party may try to use intimidation tactics.