It’s Not Just for Divorce: Mediation Can Have Its Benefits for Personal Injury Claims Too

Criminal AttorneyMay 8, 2020

For divorcing couples who are short on the budget, alternative dispute resolutions immediately come to mind. They can’t afford to bring their relationship matters in front of a judge as their respective lawyers battle it out.

They’re not just burning a hole in their pockets, they’re also reliving the painful moments. One of the most popular means to settle this issue is mediation – however, the process has also been used in other areas, including personal injury claims.

Mediation

Those who have tried claiming for personal injuries would know how hard the process is, which may end up in a messy, gritty battle in courts. This isn’t just time-consuming, it could re-earth the trauma and stress that had been brought by the unfortunate event/s. Because of this, it’s safe to say that the proceedings affect the claimant more than the other party.

Mediation involves a neutral mediator as a facilitator.

Both sides want to benefit from a judge’s decision, but that doesn’t mean they can’t work it out on their own. This is where mediation comes into play.

Sometimes, the claimant and the defendant resort to mediation to earn rewarding yet fair yield that is expeditious in nature. In the process, a neutral mediator will facilitate a meeting, although he/she won’t give out any opinion nor will he/she provide any decision about the matter.

Informal Than Trials

Unlike the traditional court proceedings, this is more informal as it will allow both parties to speak out freely. During mediation, they are given the chance to air out their concerns without fear that their statements are going to be used against them if no agreement had been made.

In court proceedings, you need to find people who will support your claim

The service is also less time-consuming because you just need to round up a few key people during the settlement. Of course, this translates to fewer expenses. It is a far cry from the typical hearings, wherein you need to find witnesses and doctors just to support your point. Both parties are also given the freedom to choose a mediator, one that’s within their budget.

Speaking of costs, mediation is overall less expensive than the typical court trials because of the time needed and the people involved. Because of the leeway to share what you feel about the other person, it is also more flexible than the traditional one.

Human Approach

The service’s advantage goes way beyond resolution. It also has a human touch to it – each party could express their emotions for the other, for example apologizing for the stress you have caused someone, which is oftentimes not really heard in the confines of a courtroom.

This is very significant for the offended party, especially if they’re on the road to recovery. This is because it would revolve around the claimant and their necessities after incurring the injury.

It could also help in the emotional rehabilitation of the claimant

In short, mediation could help in the emotional and mental healing of the claimant. The defendant would also be able to see the magnitude of the stress and injury on the other party, thereby witnessing firsthand the impact of the events. Although the use of the service in seeking personal injury claims is relatively new, it promises a lot of potentials and benefits for both parties.