Mediation is a popular form of alternative dispute resolution, especially in Murrells Inlet. The two sides in a legal dispute meet with a trained mediator to go over areas of disagreement. In the personal injury context, money is a major “sticking” point. The defendant responsible for an accident might not want to pay the compensation the injured victim demands.
At Swilley Law Firm, LLC, our Murrells Inlet personal injury lawyer can prepare you for mediation and sit beside you. Accident victims have a right to have their attorney of choice present. In this article, we look at personal injury mediation and key points you should remember.
Mediation is Only Binding if You Agree
Is mediation legally binding in personal injury cases? The answer is “not really.” A judge might send you to participate in mediation, but the mediator cannot force any resolution on you. In that respect, attendance is mandatory, but you still must agree to a proposed settlement.
The mediator isn’t a judge. Instead, they listen and try to get each side to listen to each other. The mediator might offer their perspective on the dispute. Mediators are often former judges or experienced lawyers, so they have some idea of what will happen if you cannot reach an agreement with the other side. You might end up in front of a judge or before a jury, and the mediator might discuss the strengths or weaknesses of your case.
Sometimes mediation is successful, and the two sides reach an agreement. In that respect, mediation is binding if you sign the settlement agreement. A settlement agreement is like any voluntary contract, and it will be enforced in court if either side violates it.
Can I Be Forced to Participate in Mediation in Murrells Inlet?
Probably. South Carolina court rules state that any “civil action” filed in Circuit Court is subject to court-ordered mediation. The court is interested in parties voluntarily resolving disputes so that you don’t need a trial. It’s common for a judge to require that parties at least try mediation.
There are some exceptions. If you cannot physically participate, then you might be exempt. For example, you could be paralyzed and in the hospital. In that case, you might not be ordered.
You should participate in good faith if sent to mediation. That means going in with an open mind. At Swilley Law Firm, we help clients who are injured in accidents, like car or truck accidents. Our clients are interested in receiving the maximum compensation allowed. The defendant usually wants to pay as little as possible. The goal of mediation is to help them find common ground so they can agree to a settlement and avoid a time-consuming trial.
What’s the Difference Between Mediation and Negotiation?
There isn’t much difference. You can negotiate your own settlement or have a lawyer negotiate for you. Ideally, an injured victim will get fair compensation from the person who hurt them. In return, you agree to waive any future right to sue the defendant once you accept the settlement.
Parties head off to mediation when they need help with negotiation. Negotiation discussions have usually hit a wall, and both sides agree they are at an impasse. The mediator can help guide negotiation by offering creative solutions or helping them view the case from a different perspective.
What is in a Settlement Agreement?
Each settlement agreement is unique, but there are some common elements:
- Agreement to pay compensation. The defendant agrees to pay the victim a certain amount of money. This is a major point of contention in negotiation.
- Structured settlement. Compensation can be paid in a lump sum, or you might structure it in some other fashion.
- Waiver of future claims. In return for compensation, the victim agrees not to sue the defendant in court over this accident.
This is a binding contract. If an injured victim accepts a settlement but then tries to turn around and sue, the defendant can submit the settlement agreement to the judge. The judge will then dismiss the lawsuit.
When is Mediation Not Binding in Murrells Inlet?
Mediation is not binding if you do not reach an agreement with the other side to settle your claim. If you bring a personal injury lawsuit, mediation is a tool for avoiding going to trial. During mediation, the mediator might offer frank advice about how much they think your case is worth. That’s the mediator’s opinion.
You are not required to accept any proposal put forward by the mediator or the other side. You can still go to trial if you want. However, some people find mediation useful, so you might voluntarily agree to settle the dispute.
Work with a lawyer who can attend mediation with you. We can offer frank advice on whether a proposed settlement is a good deal or whether you are better off taking your chance at trial. Without a lawyer, you might mistakenly agree to a small settlement, or you could turn down a fair settlement unknowingly.
What is Arbitration in South Carolina?
This is another ADR option. With arbitration, you present evidence to an arbitrator, who acts like a judge (but isn’t a judge). The arbitrator will ultimately decide who is liable and how much the case is worth. In South Carolina, arbitration can be binding or non-binding.
Arbitration is private and happens outside court. For that reason, it is often faster. You might get your case heard by an arbitrator before you would get a judge in Circuit Court.
Arbitration has some drawbacks, though. You might not think the arbitrator is neutral, or you want the greater protection of judicial discovery.
Schedule a Consultation
Our Murrells Inlet personal injury attorney is happy to discuss mediation, arbitration, or other resolution techniques. Our objective is always to do what’s right for our clients. Hire a lawyer with ample experience in negotiation and mediation who isn’t afraid to head off to court to win a case. Swilley Law Firm can help anyone injured in the 29576 zip code. Contact us to schedule a free, no-obligation consultation.
