If you’ve had an accident and don’t want the hassle of going through a court case, you might choose mediation instead. Mediation is far less stressful and time-consuming than battling your opponent in a trial.
Is mediation legally binding in personal injury cases? Typically, yes, but there are exceptions. Below, learn more about the legal validity of mediation from a motorcycle accident lawyer in Charlotte.
Understanding Mediation in Personal Injury Cases
Mediation is a type of alternative dispute resolution (ADR). During the mediation process, a mediator guides both parties as they try to reach a mutually agreeable solution. Mediation is commonly used in divorce, but it can also be used in personal injury cases.
Unlike arbitration, the mediator has no authority to render judgment or make decisions for you. Neither do you have to prove that the other party was at fault.
The Binding Nature of Personal Injury Mediation
Is mediation legally binding in personal injury cases? It’s as binding as any court order. Once you and the other party sign an agreement, you’re legally bound to comply with the terms.
There are a few exceptions, though. A court may find your mediation agreement unenforceable if:
- You entered the agreement because of the other party’s deception or trickery.
- You signed the agreement under duress. For instance, if the other party threatened to hurt your family if you didn’t sign the agreement, the agreement would be unenforceable.
- Someone signed the agreement while mentally incapacitated. This means they were unable to understand the consequences of the agreement.
- One or both parties misrepresented material facts. For instance, if one party fabricated medical records, the court would see that as a misrepresentation of the facts.
The Perks of Mediation Agreements in Injury Cases
If you and the other party agree to mediation, it’s well worth giving it a try. Legally binding mediation has plenty to offer:
- It’s much cheaper than going through a trial. Mediation can cost thousands less than a personal injury attorney’s fees.
- It’s usually faster than going to court. Court trials can drag on for months, while it’s possible to finish the mediation process in a few weeks or less.
- Mediation is far less contentious than a court battle. The goal is to reach a mutually satisfying agreement, not beat the other side into submission.
- Mediation encourages empathy. You may see things in a different light once you’ve heard the other party’s story.
- Mediation gives you a sense of control. Unlike a court battle where the judge makes the decisions, you have the power to find your own solutions.
- Mediation is ideal if you desire privacy, as it typically happens behind closed doors. Evidence presented in a trial, on the other hand, becomes part of the public record. That means anyone can look it up if they choose.
What Happens During Mediation?
Both parties must agree to start the mediation process. Once they reach an agreement, they’ll need to choose a mediator. If neither party can agree on a mediator, the court can assign one for you.
Next, you’ll have your first mediation session. You can do this face to face or participate in a virtual mediation session online.
During mediation, each party has the chance to give their version of events. They can also present a list of their damages and suggest potential solutions. While this happens, the mediator keeps the session on track and guides the parties toward making an agreement.
Once all parties have agreed to a solution, they will sign a mediation agreement. At this point, the agreement becomes legally binding.
Should the parties be unable to reach a solution, they may need to head to a court trial. Trials are stressful and costly, so it’s better to reach a mediation agreement if you can.
Do You Need an Attorney for Mediation?
You don’t necessarily need an attorney for mediation, but it’s wise to have one regardless. The attorney who serves as the mediator can’t give legal advice to either side. Thus, you should have your own attorney to help you understand the implications of your mediation agreement. Retaining an attorney ensures you end up with a fair deal.
Reliable Guidance on the Legal Implications of Mediation in Injury Cases
Now that you have the answer to the question, “Is mediation legally binding in personal injury cases?” we welcome you to reach out to Yale Haymond Law PLLC. Our attorneys handle motorcycle accident claims, truck accidents, slip-and-fall accidents, and other types of personal injury claims.
For a free consultation, call (704) 800-HELP.
