If two parties are unable to reach an agreement, mediation is often one of the most effective approaches. Over the years, mediation has been an effective way to settle car crash claims. It offers a formal, structured way to tackle car crash disputes without the uncertainty and challenges of going to trial in Wisconsin’s courts. At MacGillis Law Group, LLC, we have extensive experience in mediation with clients and ensuring favourable results. If you have been in a car crash and are having a dispute with the party at fault, our attorneys are here to help you. In this blog, we help educate readers about mediation and what happens during the process.
Understanding Mediation in a Milwaukee Car Crash Claim
Speaking of mediation in a Milwaukee car crash claim, it is an alternative dispute resolution process. This involves a voluntary process where the parties in dispute meet with a neutral party, known as a mediator facilitates a discussion between the parties. The mediator promotes discussion between the injured victims, insurance companies and other parties involved to reach a common ground to resolve the lawsuit before it goes a trial.
Is Mediation Necessary for All Personal Injury Cases in Wisconsin?
Mediation may not always be necessary for all personal injury cases in Wisconsin. However, most courts strongly encourage mediation for car crash cases after a lawsuit is filed. Also, personal injury attorneys in Milwaukee recommend mediation as a simple & cost-effective alternative to time-consuming and complex court disputes. The main reason to opt for mediation is mainly due to the complexities of injuries, insurance company policies, disputed liability issues or certain country jurisdiction.
Why Victims Choose Mediation Over a Court Trial for Milwaukee Car Crash Claim?
Medication has become a popular method of working through car crash disputes. It provides victims with a faster and cheaper alternative as compared to complex and time-consuming court trials. It follows the following benefits for victims seeking fair compensation.
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The car accident mediation is less expensive with a few procedural steps & parties involved share the cost of the mediator.
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It allows parties involved to resolve at their convenience within a shorter span of time.
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In a mediation session, each of the parties involved gets opportunities to participate in negotiations, voice their concerns & recommend their potential solutions.
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Mediation is a highly confidential process that allows for a more cooperative environment and express their concerns & thoughts without hesitation.
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The presence of an impartial facilitator allows for a more productive and calm atmosphere, as opposed to complex litigious settings.
What Takes Place During a Typical Mediation Session in Wisconsin?
A typical Wisconsin mediation session begins with introductions and mediators explaining the process, their role and confidentiality rules. Each party presents their statements in terms of injuries, liability and compensation they seek. The mediator explains the goals of mediation and encourages the parties involved to work towards a fair settlement agreement.
After this, each party is taken to different rooms to talk confidentially with the mediator. The negotiation continues until they reach an agreement. If a successful settlement is finalized, a Milwaukee car accident lawyer drafts a settlement agreement that all parties sign.
Who Are the Parties Present During a Wisconsin Car Accident Mediation Session?
Some of the key participants present during a mediation session to facilitate negotiation and reach an agreement are mentioned below:
- A neutral mediator, who a usually an attorney, facilitates discussions and guides negotiations.
- Injured victim/plaintiff and personal injury attorney
- Defendant or their representative
- Medical or vocational experts in complex cases
- An insurance company representative is to approve the settlement agreement
- An insurance defence attorney who speaks in favour of the defendant
- Co-defendant or co-plaintiff, if any involved (drivers or passengers)
- A court reporter, in case a legal record of the proceeding is necessary
- Family or supporters, with permission from the mediator and parties
What to Do If Mediation Does Not Resolve a Milwaukee Car Crash Claim?
In case mediation does not resolve the car accident claim, you can speak to an experienced Milwaukee car accident lawyer to discuss your legal options. Another option is requesting a judicial settlement conference with a judge who can point out the strengths and weaknesses of your case.
Looking for Expert Legal Advice? MacGillis Law Group, LLC is Here to Help You
You need an experienced car accident attorney who is well-versed in local laws, insurance practices, and settlement laws. At MacGillis Law Group, LLC, our highly skilled attorneys are here to guide you throughout the process and protect your interests. Contact us today to discuss your case. Let us protect you.