Most potential personal injury suits are actually settled in mediation. There are a number of reasons for this: Personal injury suits are emotionally charged, and litigation can be unduly stressful and even psychologically damaging; personal injury mediation doesn’t require the expensive and lengthy discovery process of a lawsuit, allowing the parties to begin negotiating using only the materials submitted to insurance; the personal aspect of this type of alternative dispute resolution often allows parties involved in personal injury cases to see each other as individuals and not monolithic enemies.
Mediation, when guided by a trained and experienced professional, can also maximize the benefit for the injured party, because any settlement offer that is accepted is not eroded by huge legal fees. As there are frequently significant medical bills involved in a personal injury complaint, the ability to keep a larger portion of the settlement is vital.
Mediation is also ideal for personal injury situations because if the negotiations are not fruitful, the complaint can still be taken to court and the court will have no knowledge of what was discussed, so there is absolutely no reason not to at least attempt to resolve these issues via mediation first. Mediation, when handled by a trained professional with personal injury experience, can guide both parties to a satisfactory resolution that makes the injured party whole while protecting the rights of everyone involved.