If you’re dealing with the aftermath of a serious accident, you’re likely hoping to resolve your legal claim quickly so you can get paid and move on with your life. Successful mediation services or arbitration can help you promptly secure the financial resources you need to recover from accident injuries. Contact our Athens mediation and arbitration lawyer today.
Attorney Alan Cleveland has dedicated his career to advocating for the interests of accident victims throughout Georgia. He also has the added experience of providing professional mediation services himself, having successfully mediated for his clients hundreds of times. Alan completed his general civil mediation training at the J.W. Fanning Institute for Leadership Development at UGA, and he is a registered neutral with the Georgia Office of Dispute Resolution. His experience on the plaintiff’s side of complex injury cases gives him a unique perspective beyond the merely transactional interests that are typical in an injury case mediation.
Ready to put Alan’s arbitration and mediation experience to work helping you resolve your case? Contact R. Alan Cleveland, LLC for a free initial case evaluation with an experienced Athens mediation and arbitration attorney to learn how we can help you through the process.
What Is Mediation?
Contents
- 1 What Is Mediation?
- 2 How Is Mediation Different from Arbitration?
- 3 Are the Results of Mediation Binding?
- 4 How Can Mediation Benefit My Case?
- 5 What Types of Cases Can I Use Mediation For?
- 6 How Long Can Mediation Take?
- 7 How Much Does Mediation Cost?
- 8 Contact an Athens, GA Mediation and Arbitration Lawyer
Mediation is a form of alternative dispute resolution (ADR) where parties negotiate a settlement in a formal setting. Unlike informal negotiations, where parties or their attorneys try to hash things out on their own, mediation involves negotiations overseen by a neutral third party called a mediator. The mediator’s role includes helping the parties understand the strengths and weaknesses of their respective cases. They also suggest solutions for a settlement to reach a mutually acceptable resolution.
The involved parties usually agree on which mediator or mediation service to hire. Although each mediator will have a unique style and approach, many mediations begin with each party presenting their case so the mediator can understand their respective strengths and weaknesses. The mediator may separate parties into different rooms so they can have candid conversations with each party. They may also go back and forth between each party to communicate settlement offers and discuss potential solutions. Contact our Athens mediation lawyer today.
How Is Mediation Different from Arbitration?
Mediation is similar to but different from arbitration, another type of alternative dispute resolution. While mediation involves settlement negotiations, arbitration is a trial-like proceeding where each party can present evidence and witnesses to the person presiding over the arbitration (known as an arbitrator). Some arbitrations may involve a panel of arbitrators.
Like a trial, each party can cross-examine the other side’s witnesses and evidence. In most cases, arbitration will end with a binding decision issued by the arbitrator or panel. The winning party can take the arbitration award to court to confirm the award and obtain an enforceable judgment against the opposing party. Contact our Athens arbitration lawyer now.
Are the Results of Mediation Binding?
Unlike arbitration, parties do not have to settle during mediation. Although parties may have to negotiate in good faith in mediation, in most cases, either side can walk away from the negotiating table at any time if they feel that further negotiations will not lead to a settlement. A mediator cannot force a settlement or settlement terms on the parties. The mediator only can suggest settlement solutions, which the parties must agree to.
Parties can also agree to participate in a hybrid form of alternative dispute resolution called mediation-arbitration, or med-arb. In med-arb, the parties can present their cases to the mediator, who will help them negotiate a settlement. If the parties reach an impasse on some or all the outstanding disputes in the case, the mediator can “switch hats” and issue a binding decision on those outstanding issues as an arbitrator.
How Can Mediation Benefit My Case?
Pursuing mediation to resolve your personal injury claim may have several benefits. A mediator can help you and the opposing party settle the case, especially if you have reached an impasse during informal negotiations. Mediation allows you to maintain confidentiality when pursuing your personal injury claim, which is especially helpful if the issues in your case involve personal or medical information.
There are also time and cost benefits to using mediation instead of taking your case all the way to court. Mediation can help you resolve your case more cost-effectively than traditional litigation, as a lawsuit and trial often involve considerable legal expenses and court costs. You may be able to obtain compensation more quickly, too, potentially helping you get the financial resources to pay for medical treatment, long-term care, and lost income. Our Athens mediation attorney can help.
What Types of Cases Can I Use Mediation For?
Mediation can help parties settle nearly any type of legal dispute, including cases involving the following:
- Motor vehicle accidents, including car accidents, truck accidents, motorcycle accidents, pedestrian accidents, and bicycle accidents
- Premises liability accidents, including slips and falls, dog bites, and negligent security claims
- Product liability and defective product cases
- Medical malpractice cases
- Nursing home negligence or abuse cases
- Any other personal injury claims
- Workers’ compensation
- Wrongful death
How Long Can Mediation Take?
The duration of mediation depends on various factors, including the complexity of the evidence, whether there are any factual disputes, and any other legal issues in the case. The length of mediation may also depend on how much preparation the parties do before the first mediation session. A mediation session can last several hours, possibly with the parties breaking for lunch and returning for a second session in the afternoon. The mediator may suggest one or two sessions for a day. At the end of a session, the mediator may recommend the parties schedule future sessions if they believe further mediation will lead to a settlement.
How Much Does Mediation Cost?
Although mediation can cost much less than traditional litigation, the parties will bear some expenses when pursuing it. The most significant cost of mediation is the mediator’s fee. Most mediators charge an hourly rate for their services, including the time the mediator spends reviewing materials submitted by the parties before the first mediation session and the time spent during mediation. Mediations may also involve other expenses, such as renting conference space to host an in-person mediation or expert witness fees.
Contact an Athens, GA Mediation and Arbitration Lawyer
Alternative dispute resolution can help you obtain a prompt resolution to your personal injury claim that provides fair compensation for your ongoing and future injury expenses or losses. Let us put our skill, experience, and care to work on your behalf, seeking the resolution you deserve as quickly as possible. Contact R. Alan Cleveland, LLC today for a free, no-obligation consultation to discuss whether mediation or arbitration may work for your case. Our Athens arbitration attorney can assist.