Going To Mediation Instead Of Court? 3 Reasons Why You Still Need A Lawyer

In many states, you have the option to resolve a personal injury case through mediation instead of in court if both parties agree that mediation is in their best interests. Mediation is a process where you sit down with a neutral third-party and work out a compromise that both sides agree on. Mediation can bring the case to a close much faster than going to court, which means you'll get a settlement faster. Having a lawyer is not mandatory when you go to a mediation, but it's a good idea to hire a personal injury lawyer with experience in mediation anyway. Take a look at a few reasons why you still need a lawyer if you're planning on mediation.

Review The Facts Of The Case

The first reason you should consult a lawyer is to help you decide whether mediation is really the right choice for you. Often, people choose mediation when they don't expect a large judgment no matter what, and would rather come to an agreement that gets them some money now, rather than wait and take their chances in court.

However, it's always possible that you're entitled to more money than you think. It's a good idea to have a lawyer review the facts of your case before you agree to mediation, so they can make sure that you're not overlooking some factor that makes waiting for your day in court more worthwhile. You don't want to end up settling for a small amount if you really had a good chance at getting a significantly larger amount in court.

Even The Playing Field

In many personal injury cases, the defendant isn't an individual, it's an insurance company. For example, if your case involves a car accident, chances are that you're seeking compensation not from the driver that hit you, but from that driver's insurance company.

Lawyers may not be mandatory at a mediation, but if you're negotiating with an insurance company, you can be certain that they have a legal department and know their way around a legal negotiation. Having your own attorney present ensures that you're not at a disadvantage. Remember, the mediator is a neutral party—they're not on the defendant's side, but they're not on yours either. Having a legal expert in your own corner ensures that you're on an even playing field with the insurance company.

Review Documents Before You Sign

If you and the defendant come to an agreement that you both can live with, you'll need to sign an agreement that details the arrangement. Among other things, you'll be signing away your right to sue at a later date—after all, the point of a mediation is to avoid a court battle.

There's nothing wrong with signing such a document, as long as the agreement is fair. However, giving up your right to sue is a serious decision, and it never hurts to make certain that you understand exactly what you're agreeing to before you sign. Having a lawyer review the document before you sign it is no different than having a lawyer review an important business contract. It just makes sense to have an expert check to be sure that everything is in order.

Hiring a lawyer for a mediation is usually far less expensive than hiring a lawyer to go to trial, since the lawyer has much less work to do at a mediation. Look for a personal injury lawyer in your area who has experience with mediations (like those at AMS Law Group) to help ensure that you get the result that you're looking for. 

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