It is uncommon for a car accident claim to go to court, and with good reason. It is at best a risky venture. But if an insurance company is refusing to pay you a sufficient amount in compensation, then you may need to file a lawsuit. The good news is that you do not need a court hearing to win a lawsuit. Mediation is one way that your claim could be resolved without having to rely on the decision of a jury. If you can pursue a mediated claim, then you can save yourself time and money, as well as needless risk.

Mediation cannot start until both you and the defendant (the insurer) agree to it. This is not something you want to do unless you genuinely think you can reach an agreement with the other side. If you do decide to give it a try (and no one wants to go trial, after all), then a qualified third party, the mediator, will come and help out negotiations. This person will typically be either a lawyer or someone who has worked with insurance, someone thoroughly acquainted with car accident claims. On top of agreeing to have mediation, both parties usually have to agree on a choice of mediator as well.

So as the mediation starts, you will probably have to agree to ground rules, even signing off on a mediation agreement. Then down to business. You brought the lawsuit, so you start. You can state your case and what you would like to accomplish in the final settlement. Then the insurance company will have their turn to voice their opinion and goals. At that point, the mediator may oversee negotiations as you both try for different compromises, or you and the defendant could go to different rooms, and the mediator would go back and forth between the parties to negotiate an agreement. Mediation stops when you reach an agreement, or when it is obvious that you cannot agree. You can usually tell either way after an hour has passed. More complicated accident claims could take a day or more, however, to reach a resolution.

Isn't this the same thing as arbitration? No, it is not, even though there are some key similarities. There is one crucial difference: the arbitrator has the authority to arrive at decisions and enforce them on both parties, whether they like it or not. A mediator has no such authority. They can offer their own suggestions, but no one has to follow them; they are not binding.

When you approach a mediation situation, there are several things you will need to keep in mind. First of all, you have a say in the choice of mediator, so choose well. Not only could a local car accident attorney help you in this decision, but if you go to the civil clerk at your courthouse, you could ask which mediator is experienced in these type of claims, and who further has a great record of reaching a settlement in mediation. Also, once you are in mediation, you want to make sure that you are communicating with someone who is able to actually make a decision on the matter, not someone who will agree with you, and then make a call to confirm that this is okay with their manager.

If you want to file a car accident claim, you want someone on your side who can tell you when you are getting a good offer or not, someone who can assess the strength of your claim, someone with previous experience in getting clients the compensation that they deserve. Find the legal expert you need when you call a car accident lawyer today!