Mediation is obligatory in the state of Florida pursuant to the rules of civil procedure. All cases have to go to mediation prior to being allowed and put on a trial docket. Mediation in Florida is very specific. It requires a certified mediator to engage in negotiations with the parties that are involved in an accident.
Mediation is where a person has an opportunity to communicate the strengths of their case and demonstrate the weaknesses of the opposing party’s case to the opposing side before they have the costs of litigation and a decision maker outside of themselves. Mediation is the time for the parties to choose whether or not they want to settle their case. If you have any questions about mediation in Clearwater pedestrian accident cases, speak with a seasoned pedestrian accident attorney that can answer your questions, and advocate for you.
Who Are Mediators?
The vast majority of the mediators are attorneys in the area that have taken the exam and become certified mediators. Mediators are certified by the court. The lawyers or the party themselves are the ones that choose which people they are most comfortable with to mediate their case. For a person to mediate court cases, they have to be an attorney, be licensed in the State of Florida, take the mediation certification program, and they have to be certified as a court mediator and the various areas of their practice. Mediations cost the attorney mediator’s hourly rate and those rates are normally split by the parties.
Reasons to Seek Mediation
One of the reasons that people seek mediation in Clearwater pedestrian accident cases is because it gives the other side an indication of the strength of their case and the weaknesses of their own case. They have a chance to identify as a plaintiff and to determine whether or not they are a good witness for this case.
Mediation in Clearwater pedestrian accident cases is the only time where a person as a party has the right to make a determination about whether or not they want to settle their case. Once a person gets into litigation, the jury makes a determination of who is at fault and what monetary values are going to apply to each party.
Benefits of Mediation
Mediations help determine whether or not a person wants to settle their case. It places them in a position where they can decide what they want and negotiate what they do not want. If mediators are successful, mediation is a confidential process, meaning whatever happens in mediation cannot leave mediation. A person always has the chance of settling their claim. If it does not happen, whatever was said in mediation cannot be held against them.
How Do Insurance Companies Approach Mediation?
Insurance companies sometimes do not take mediation seriously and do not take the time and effort necessary to properly mediate. The reality is that if a person wants to mediate effectively as a plaintiff, they need to take the lead and make sure that the opposing party brings the right people who have the authority to settle that they have provided them. They need enough information prior to mediation to make sure that the other side is aware of what they intend to present and that they show them that they are prepared to litigate a case.
Important Steps in Preparing for Mediation
In preparing for mediation, both you and your attorney need to be on the same page. You should be prepped so that you know exactly what to expect. You have to have your presentation prepared with photographs, police reports, medical reports, and costs along with any lost wages that you can prove. Injury attorneys should take mediation seriously. They should prepare for that mediation prior to showing up to make sure that they have the best chance of presenting the strength of their case and demonstrating the weakness of the defense’s case to the other side so that they have the best chance of settling their claim with the least amount of expense possible.
An attorney who understands the mediation process is going to give the case the best chance of success and get the highest settlement value as opposed to an attorney that shows up and does not take it seriously. If you want to know more about mediation in Clearwater pedestrian accident cases, speak with a skilled personal injury attorney. Contact a determined pedestrian accident lawyer that can work towards a positive outcome for you.