Main Reasons Personal Injury Mediation Fails
Contrary to what many people think, most personal injury cases are settled outside of court. According to statistics, only one in twenty personal injury cases is resolved in court. Many times, plaintiffs and defendants are able to come to a settlement through mediation. Personal injury mediation allows the plaintiff and defendant to work with a neutral third party (the mediator) to reach a mutually agreeable resolution. Mediation offers several benefits, including privacy, cost-effectiveness, control, and flexibility. However, while in most cases, mediation is quite successful, there are times when it may fail. Personal injury mediation may fail for several reasons. Understanding the common reasons personal injury mediation fails can help parties navigate the process more effectively. Below are some of the main reasons personal injury mediation fails.
- Lack of Preparation
One of the main reasons personal injury mediation fails is lack of preparation. Effective mediation requires thorough preparation. Parties may fail to prepare because they think they don’t need much preparation since it’s not a court case or because they underestimate the intensity of mediation. Failure to thoroughly prepare for personal injury mediation can result in an unsuccessful process.
The following are some steps to take as the plaintiff to prepare for your personal injury mediation;
- Gather all relevant documentation, including medical bills, accident reports, and witness statements
- Carefully assess and calculate your total damages
- Understand the strengths and weaknesses of your case
- Consult with an attorney
- Develop a negotiation strategy
- Prepare emotionally
- Prepare your side of the story
- Unrealistic Expectations
If either or both parties enter the mediation process with unrealistic expectations, it may be challenging to reach a resolution. For example, as the claimant, you may enter the process expecting a settlement amount far higher than what is reasonable based on the evidence. This can hinder productive negotiations and make reaching a mutually agreeable resolution challenging.
- Inflexibility From Either Party
Inflexibility can be a major obstacle in personal injury mediation. If you or the other party remain rigid in your demands and are unwilling to compromise, the chances of reaching a resolution diminish significantly. For mediation to succeed, parties must be open-minded and willing to negotiate. Inflexibility can create an adversarial atmosphere and ultimately lead to a deadlock.
- Bad Faith Negotiation
Personal injury mediation can only succeed if the parties are committed to resolving the dispute. Unfortunately, sometimes, one party enters mediation with no intention of negotiating in good faith. For instance, the defendant may use mediation as a stalling tactic without intending to offer a fair settlement.
- Impatience
Parties involved in personal injury mediation may want to resolve the claim quickly. While parties are often able to reach a quick resolution through mediation, this is not always the case. Sometimes, the mediation process takes time. In such cases, patience is crucial. Impatience can lead to rushed decisions, which may ultimately harm the outcome.
Contact Our Orlando Personal Injury Attorneys
If you have questions or need help with your case, contact our Orlando personal injury attorneys at The Pendas Law Firm. We can guide you and help you recover the compensation you deserve. The Pendas Law Firm also represents clients in the Ocala, Tampa, Miami, Jacksonville, Daytona Beach, West Palm Beach, Bradenton, Fort Myers, Fort Lauderdale, Naples, and Melbourne areas.
