This blog post by serious personal injury and wrongful death attorney Richard Armond addresses questions surrounding mediation as a means to resolving personal injury and wrongful death cases. Richard Armond of The Armond Firm, LLC, is based in Lawrenceville, Georgia, near the Gwinnett County Justice and Administration Center. He handles cases throughout metro Atlanta and the State of Georgia.
What is mediation?
Mediation is a form of alternative dispute resolution in which opposing parties agree to have a neutral party called a mediator listen to each party’s presentation of the case in attempt to reach an agreement to amicably resolve a case short of going to trial. Mediation, as opposed to arbitration, is non-binding. In other words, if either party in a mediation does not like the end result then they do not have to agree to the proposed resolution and can walk away still retaining the right to pursue claims or defenses in a lawsuit.
How does mediation work?
Mediation is less formal than proceedings in a court of law. Each side will agree to a particular Georgia registered mediator to hear the case between them and will schedule the mediation hearing for a particular date. Prior to that date, either side typically is allowed to present a summary and materials to the mediator in advance of the mediation to give the mediator a synopsis of the case and their position going into the hearing.
On the date of the mediation, each party will typically be assigned to their own room. The parties typically sign an agreement that the discussions which take place cannot be used against either party in any subsequent litigation. This is to encourage open talks in an attempt to settle the case. The parties will then get together briefly in a room so that each side can give an opening statement if they wish. Basically, this allows any party to state with everyone present what they believe the facts of the case are and what the damages are. Then, the parties retreat to their assigned rooms for private meetings with the mediator.
The mediator will often meet with the plaintiff and his or her attorney first to get the exact amount demanded and discuss the case from the plaintiff’s perspective. The mediator will then leave the room to meet with the defendant and his or her attorney. If the defendant has a counteroffer the mediator will then leave their room and present it to the plaintiff. The process can go back and forth a few times or many times. The goal of each side is typically to reach an appropriate resolution of the case.
Sometimes sides are able to resolve a case relatively quickly. More often, a mediation can go on for hours or even a full day. Sometimes it is clear that one side is being unreasonable and because of that the mediation ends quickly. Other times cases can be complex as strengths and weaknesses of cases, both in the facts and the law, are discussed with the mediator and negotiations continue.
If an agreement is reached the mediator will typically complete a brief settlement memorandum that each party signs regarding the terms of the agreement. If either side does not reach the result they wanted they can walk away to continue litigating the case in court. As stated earlier, the process is much less formal than court proceedings as the rules of evidence are not at issue, each side presents their case outside the presence of the other side, and things like presenting information in advance that would not be allowed in a court of law are permissible in mediations.
Is it a good idea to mediate a wrongful death or personal injury case?
That is a question for your attorney who knows the facts and law of your case inside and out. My experience is that mediation can be a very useful tool to get a case resolved appropriately without the risk of a trial. There is minimal downside to a mediation in that if either party does not like where the final settlement offer is at they may get up and leave without any of it effecting their case in court. Mediation in personal injury and wrongful death cases, however, is not free and the expenses to each side can be thousands of dollars. There is also strategy involved and personal opinions vary amongst attorneys as to how to present a case at a mediation. Some lawyers almost never present information in advance and others routinely waive opening statements. It is best to trust and listen to your lawyer during the mediation process.
If you or a loved one have been injured or killed in Georgia because of the bad act or negligence of another party, please contact Gwinnett County based personal injury and wrongful death lawyer Richard Armond at (678) 661-9585 for a free consultation.
Attorney Richard Armond of The Armond Firm, LLC, handles serious personal injury and wrongful death cases throughout metro Atlanta and the State of Georgia. He is licensed to practice law by the State Bar of Georgia and is based in Lawrenceville, one mile down the road from the Gwinnett Justice and Administration Center. Call him today for a free consultation at (678) 661-9585. The information above is for informational purposes only as of the date of publication and should not be relied upon as legal advice, nor does the reading of it form an attorney-client relationship. Always consult directly with an attorney for legal advice.