Tuesday, August 28, 2018

After Failing Negotiations, Does An Injury Lawyer In Port Coquitlam Focuses On Mediation?

There is no reason to lose hope when a settlement negotiation with the insurance company fails. According the peripheries of personal injury law, you still have a chance to settle the case out of the court, before taking it to court for trials. In most states, the law requires personal injury cases to be settled through arbitration or mediation, prior to taking it up in the court. Therefore, rest assured that the Injury Lawyer in Port Coquitlam will give it a one more try to settle through mediation or arbitration. This is faster, cheaper and less stressful alternative to court room trials.

Need For Mediation

In the recent years, the Injury Lawyer in Port Coquitlam and the injured victims reasonably want to stay away from the expensive, time taking and stressful trial process. That is why most of the personal injury claims are settled out of the court through settlement negotiations. For any disputes thereby personal injury claims are settled by different types of Alternative Dispute Resolution methods such as mediation in particular. Even the insurance adjusters and insurance companies have now realized and recognized the value and importance of mediation. It is used frequently by all to reduce the pressure on the adversarial judicial system.

The Basics of Mediation 


Mediation is the most sensible approach to settle personal injury disputes. In this process the parties involved sit down with a mediator who is a neutral third person. They help in arriving at a mutually beneficial and satisfactory solution to the dispute. However, mediation process is absolutely voluntary until the dispute becomes an actual litigation. This process only happens when both sides requests for it and it is successful when both sides agree to it. In this process, neither the mediator nor the Injury Lawyer in Port Coquitlam make any decision or give any opinion. If the case moves to court for eventual trial nothing said during mediation can be used as a tool to prove faults.

The Cost Factor


There is a cost factor involved in the mediation process. This cost is actually split equally between the two parties involved. As the entire process is informal, the purpose of this process is to provide each side with an opportunity to speak up without having to bear the burden of legal procedures. There is also nothing to fear that anything said against each other will be used in the court during trials or depositions.

The Process Followed


There is a specific structure followed during this process of mediation and it can vary a little depending on the mediators concerned. Each party will speak up in front of the mediator as well as tee other party. The parties can even speak directly between them with the mediator easing the interchange. Even each party gets a chance to speak to the mediator alone. There is no restriction in speech and you need no special training by your Injury Lawyer in Port Coquitlam for it. The mediator uses the information excluding those said in confidence to coax each side to reach an agreement. To read more Click Here

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