Call Us Now
202-463-3030
Schedule a Free Consultation
Not all DC personal injury cases go to trial; some can be resolved through mediation. However, many people in this situation may ask themselves, What is mediation? According to the Code of the District of Columbia, mediation is a process in which a mediator facilitates communication and negotiation between parties to assist them in reaching a voluntary agreement regarding their dispute.
Mediation is a meeting between opposing sides with the end goal of reaching a case settlement. Mediation almost always involves a neutral person, or “mediator,” to lead the meeting and guide both parties to reach an agreement. For example, in a personal injury case in a car accident, a mediator would meet with a car crash injury victim and the at-fault driver, their attorneys, and other insurance company representatives to work out a fair settlement.
If your case is set to undergo mediation and you wonder what that means, Regan Zambri Long is here to help.
Complete this form and our team will get back to you as soon as possible
The mediation process is relatively straightforward as a form of alternative dispute resolution. There is usually an initial meeting where both sides make introductory statements. After they finish their introductions, each party will separate, and the mediator will go back and forth to relay communication. Often, both parties will not see each other again after opening statements, and the mediator will coordinate most of the communication and negotiation, if not all. The reason for this distance between parties is that these personal conversations can often get heated and emotional. As a neutral third party, the mediator can resolve disputes objectively. Mediation aims to figure out a strategy to solve the problem and ultimately settle a case in the fairest way possible.
For the people involved, the benefit of mediation is that it is a private process. Mediations are almost always confidential, meaning that what happens in a mediation session will stay there and will not be made public like the records for many court cases.
Mediation is a good idea if both parties are likely to reach an agreement without going through a lengthy trial process, which can take years. Mediation might be the preferred means of settling a legal dispute if:Â
There is a need for privacy, and one or more parties do not want their case in the public domain
If there are multiple parties in a personal injury case. For example, a car accident case involving multiple people
You need to settle a case faster than it would typically take to go through the court system
You want to spend less, on average, than going through a formal trialÂ
You want to communicate directly with the other parties involved in your case.
You can explore creative solutions to your problems, as you have more control over the outcomes than if a judge or jury is involved.
While many different types of cases can be solved through mediation, it is a common practice for personal injury cases because this often involves negotiation between two or more parties. Additionally, according to DC law (the Medical Malpractice Proceedings Act of 2006), all named parties must participate in mediation in medical malpractice cases. The law has strict timetables for when mediation must occur.
In the DC Trial Courts, most cases are referred to mediation before a trial date is given. This is known as the DC Mandatory Dispute Resolution Program. In these cases, a judge reviews the facts and determines whether he or she believes the parties can reach an agreement without court interference.
This was established to lessen the number of cases. Further, it can be required in some personal injury cases, specifically medical malpractice claims.
Mediation can take as little as one day, or if the case is complex, it might stretch out over several days or weeks. The timeline for mediation will depend on several factors, including the working relationships between parties, the overall communication strategy, and how the ongoing negotiations play out. Some case types have strict timetables for when mediation must occur.Â
Due to mediation’s nature and its dependence on the complexity of the case, it is necessary to speak to a skilled attorney to get a better sense of how long mediating your case might take. Remember, there are no guarantees, and mediation might take shorter or longer than you initially expected.
It is always best to speak with a law firm with certified mediators who can help you through the dispute resolution process so you can understand what is to come.
Mediators usually have a reputation for fairness and experience in the relevant type of case. Mediators can be retired judges or lawyers. Depending on the state, mediators might be appointed directly by a court. Or, they might be community members skilled in negotiating while remaining impartial to the issue.
No matter who the mediator is, both parties must agree to the mediator’s involvement in the case. Mediators do not decide the case’s outcome or the final decision.
While the mediation process is often advantageous for both sides, there can be some drawbacks. The pros of mediation include:
Mediation is more cost-effective as it avoids litigation expenses from the discovery phase, expert witnesses, and court fees.
Successful mediation can be much quicker than the court system process, especially if parties already have some common ground of expectations.
Confidentiality is possible as the process is private, whereas court cases are public records.
Both parties have control over creating a successful resolution, which may not be met with the involvement of a judge who would make the ultimate decision.
Mediation may improve communication and relationships, as the mediator helps communicate both sides’ needs and desires to reach possible resolutions.
However, there are some cons with mediation. One of the personal injury victims’ most significant concerns when mediation is proposed is that there are no legal protections with a mediator as in the courtroom. For example, if the at-fault party needs more time to establish liability, there is no discovery process to allow them to call upon expert testimony or witnesses. Further, if a party is unprepared, there is no time to gather additional information to make their case.
Further, mediation does not always yield possible solutions, and the parties may still need to go to court.
Lastly, in cases where a power struggle may exist, ethical standards may not exist that allow a victim to represent themselves without the fear of intimidation by the other party.
If you are about to undergo the mediation process and have questions, call Regan Zambri Long. Our lawyers are skilled negotiators who will ensure that the parties resolve their concerns promptly.
Call today for a no-obligation, free case evaluation with our DC personal injury lawyers.
Have you or your loved one sustained injuries in Washington DC, Maryland or Virginia? Regan Zambri Long PLLC has the best lawyers in the country to analyze your case and answer the questions you may have.