How mediation could help you settle a personal injury claim

For too long now, tiresome and difficult court battles have been a part of every personal injury case, and these proceedings can often take their toll on claimants who are forced to face the defendant and rehash the unpleasant past. Thankfully, however, as society progresses, so does the law – so much so that claimants are now seeking out alternative routes to court proceedings in the form of mediation when it comes to settling their personal injury claims.

Historically, mediation services have been most commonly used in family law to resolve conflicts, but in 2019, we can expect to see the rise of mediation in a number of different areas of law – more predominantly personal injury law.

No longer will claimants have to satisfy an antiquated legal system through demanding court proceedings which very often add to the already almost insufferable stresses of the individual. Instead, mediation services will allow the claimant to reach a fair settlement which gives them the ability to carry on living comfortably after their losses. All of this will happen without them having to bring their case in front of a judge.

Mediation is focused around the individual claimant, their needs and their loss post-injury. The human element to the service gives the defendant the chance to apologise for their actions – something that they may not necessarily be given the time or opportunity to do in court.This can something be very beneficial for the claimant and their psychological and mental recovery.

It isn’t just the human approach that makes mediation such a popular alternative to traditional court proceedings for personal injury claims, but also the vast range of benefits that the service boasts, including costs and flexibility.

Instead of gathering numerous people together – from lawyers to medical professionals to witnesses – for a lengthy and expensive trial, mediation requires a far smaller number of relevant parties together upon a settlement which helps to significantly reduce both costs and the time taken to settle a case. When taking advantage of mediation services, claimants are also able to choose a mediator who is not only suited to their unique claim but also their budget.

By replacing a traditional court trials with mediation – or at the least, respecting mediation as a viable alternative in personal injury law – one would hope to see cases being settled within a shorter timescale at reduced costs. This will also allow both the claimant’s and the defendant’s solicitors to work towards a common goal of rehabilitation and compensation via an interactive process with the help of a neutral third party.

To conclude, the use of mediation in personal injury law, although a recent introduction, has already proven itself as a key alternative to trial. Costs alone are a driving factor for many claimants, and with a whole host of benefits, mediation in the personal injury sector is only set to increase in the following years.

Ask a lawyer for advice regarding your situation. For further information please read the guide on Alternative dispute resolution and Mediation.

Debra Morris

Personal Injury Lawyer at Affinity Law Ltd.
Debra Morris is a personal injury lawyer at Affinity Law Ltd. with almost 30 years of experience. An Accredited Brain Injury Specialist and Senior Litigator with the Association of Personal Injury Lawyers, Debra has acted for claimants with severe and subtle brain injuries, as well as everything in between, both in court and through mediation.
Debra Morris

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