How Does Mediation Work in a Georgia Personal Injury Case?

When a person gets hurt in an accident for which someone else is at legal fault, that person may pursue a personal injury claim to recover their losses. Parties may sometimes resolve a Georgia personal injury case through mediation.

Mediation – a form of alternative dispute resolution – helps parties negotiate settlements through a neutral third party called a mediator facilitating the negotiations. Mediators do not decide any aspects of the case but guide parties to a mutually agreeable settlement. 

If you’ve suffered catastrophic injuries in a Georgia accident, a personal injury attorney can advocate for your rights and interests in mediation.

What Is the Mediation Process in a Georgia Personal Injury Claim?

The mediation process in Georgia begins when the parties sign a mediation agreement. The agreement can set basic parameters for the mediation, such as the location, how many sessions the parties agree to attend, and which mediator the parties select. However, in some personal injury lawsuits, a court may order the parties to attempt mediation before the court schedules a trial.

The first mediation session may begin with the parties making opening statements with the other party and mediator present, similar to the opening statements the parties might give at the beginning of a trial. The opening statements summarize the evidence each party believes justifies their settlement offer.

After opening statements, the mediator may meet with both parties simultaneously or speak with each party separately to discuss the case, the evidence, and the parties’ concerns and goals. The mediator will use these discussions to help each party evaluate the strengths and weaknesses of the parties’ cases in the context of the fairness of the settlement offers on the table. The mediator may offer an honest assessment of a party’s case and the settlement offers to provide each party with a neutral perspective on their respective positions. The mediator may also suggest solutions for a potential settlement.

A successful mediation process will culminate in a settlement agreement. Parties may agree to attend additional mediation sessions to pursue a settlement, or they may decide that further negotiations will not produce a settlement and their case should go to trial.

What Is the Difference Between Mediation and Settlement Negotiations in Georgia?

In a personal injury claim, parties may pursue a settlement through informal negotiations between the parties or their legal representatives. Parties can trade counteroffers for settlement backed with evidence and arguments to support a settlement offer, with the parties getting closer to a mutually agreeable settlement figure through each round of offers.

However, parties may negotiate a settlement through the more formal mediation process. Informal settlement negotiations can take days, weeks, or months as parties evaluate offers and consider their responses, but mediation occurs during sessions that last half a day or a day. At the end of each session, the parties may agree to schedule another session to continue settlement negotiations.

Furthermore, unlike informal settlement negotiations that only involve the parties or their legal representatives, the mediator facilitates settlement negotiations during mediation.

What Are the Benefits of Mediation in a Personal Injury Case?

Pursuing mediation can offer parties in a personal injury lawsuit various benefits, such as:

• Confidentiality in discussions: Mediation allows parties to keep a personal injury claim private, unlike traditional court litigation. Any settlement that results from mediation can also remain confidential. Personal injury plaintiffs may prefer the confidentiality of mediation to keep their injuries and disabilities private. Defendants may also prefer confidentiality to avoid a public record of their fault for a plaintiff’s injuries.
• Ability to discuss the case openly and frankly: Mediation allows parties to discuss a personal injury case with the mediator in an open and frank manner. The mediator’s role includes helping the parties understand the strengths and weaknesses of their respective cases so they can evaluate the possibility of a settlement and the reasonableness of settlement offers.
• Potential for quicker resolution of a case: Negotiating a settlement in mediation can help resolve a personal injury claim faster than taking it to court and trial, as a personal injury lawsuit can take a year or more to reach trial.
• Lower costs: Mediation also has much lower costs than arbitration or court litigation, as the sole expenses of mediation usually include the mediator’s fee and possibly fees to rent a neutral space.
• Control over the outcome: Mediation gives the parties in a personal injury claim complete control over the outcome, as they can negotiate a settlement they both find acceptable. Furthermore, either party can withdraw from mediation if they believe further talks will not yield a settlement.

Who Will Pay for the Costs of Mediation?

In most cases, the parties will split the mediation costs since both parties must agree to participate. However, covering mediation costs can become a bargaining chip that may help facilitate a settlement; for example, a plaintiff may agree to a defendant’s final offer if it also includes compensation for the plaintiff’s share of mediation expenses.

How is Mediation Different from Arbitration?

Mediation differs from arbitration in several ways. First, mediation seeks to help parties in a personal injury claim settle the case by mutual agreement through a more formal, structured negotiation process. Conversely, parties who agree to arbitrate allow an arbitrator or arbitration panel to decide the case through a binding decision; as a result, arbitration resembles a more informal version of court litigation. Thus, mediation allows parties to maintain control over the outcome of a personal injury claim, as parties can walk away from the negotiating table during mediation or stay until they settle the case. However, arbitration leaves the case’s outcome in the hands of the arbitrator or arbitration panel. However, the parties can contractually agree on the bounds of the arbitration decision, such as in high-low arbitration.

Contact a Georgia Personal Injury Lawyer

If you’ve been hurt in an accident in Georgia, a personal injury attorney can help you navigate settlement negotiations, including when your case goes to mediation. Contact R. Alan Cleveland, LLC today for a free, no-obligation consultation with a knowledgeable personal injury lawyer to learn more about this process.