What is Mediation?

Mediation is a form of alternative dispute resolution for legal claims and cases. It is a voluntary process that parties to a legal dispute can agree to in an attempt to resolve the dispute. For example, if a person is injured in a car accident case and the other driver’s insurance company claims the injured person was at fault, the two parties can agree to mediate the case to resolve the dispute.  

If the parties to the dispute agree to mediate the case, they will select a mutually agreeable mediator. Mediators are usually former judges or lawyers that are experienced in a certain area of law. For instance, in a dispute regarding liability of a car accident, the parties will usually want a mediator that is experienced with car accident cases and injuries.

The mediation is an informal process where the parties and their lawyers will meet at an office with the mediator. The parties and the mediator will begin the mediation in one office and both parties will have an opportunity to present a brief summary of the facts of the case, legal issues and the claims and defenses. Next, the parties will split up and go to separate offices or rooms. The mediator then will go back and forth between the two rooms and explain the realistic expectations of the case to the parties based upon his/her experience and view of the case. The mediator will attempt to bring the parties to some middle ground to help resolve or settle the case.

Mediation is not binding upon the parties, which means if either party is not satisfied with the mediator’s recommendations or result of the mediation, they are not constrained by the mediation and can continue to litigate or pursue their other legal options.

Have You Been Injured in an Accident in Massachusetts?

If you have suffered injuries in an accident in Massachusetts, you may be entitled to financial compensation. You most likely have many questions about your legal rights and options. If so, feel free to call us at (508) 879-3500 or contact us online to schedule a complimentary meeting and case evaluation. We will explain what your legal rights are and how we can best help you.