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Page 28 of 44 |
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My attorney asked me if I want to take my car accident case to mediation. How is that different from court, and do I lose any rights by agreeing to mediation? |
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Mediation is a confidential, voluntary method of resolving disputes such as car accident liability without having to go to court. Instead of a judge or jury, a neutral third party acts as the mediator. You, the other party, and your lawyers present your case to the mediator.
Mediators have special training and often are attorneys themselves or retired judges. The mediator works to create agreement by helping the parties identify issues and resolve them. A mediator does not tell the parties what to do, nor does he or she decide who wins and who loses. Control over the outcome of the case stays with you and the other participants.
You do not lose any rights by taking your case to mediation. If mediation fails to resolve or settle the dispute, you can proceed to arbitration (another form of alternative dispute resolution), or go through the time and expense of a trial.
If mediation is successful, the mediator produces a settlement document, which is signed by all participants. The cost of mediation is typically shared by the parties. Mediation is growing in popularity as a less expensive but effective alternative to lawsuits. Also, unlike court, mediation agreements are kept private. |
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