Many personal injury claims are not resolved in the courtroom, instead using alternative dispute resolution methods like mediation. While mediation is usually a voluntary process, you might be required to go through it under certain circumstances.
Mediation is a meeting between the parties, guided by a neutral mediator instead of a judge. Mediation is often optional, and both parties must agree to it. However, judges sometimes order mediation first before scheduling a trial. The results of mediation are not legally binding, and what you say during mediation hearings is confidential and cannot be used against you in a trial.
Get a free case evaluation by calling our South Carolina personal injury lawyers at Burriss Ridgeway Injury Lawyers at (803) 451-4000.
How Does Mediation Work in South Carolina Personal Injury Cases?
Mediation is an alternative dispute resolution method that enables plaintiffs and defendants to attempt to resolve their disputes outside of court. Unlike settlement negotiations, where the parties negotiate with only each other, mediation involves a neutral third party.
The neutral mediator is there to facilitate discussion and guide the parties to a mutually acceptable resolution. The mediator does not make any final decisions and merely guides the parties.
Unlike other alternative dispute resolution methods, mediation is not legally binding. If you disagree with the outcome, or no mutually agreeable outcome is reached, you may take your case to a full trial.
When is Mediation Available for Personal Injury Claims?
Mediation may be available in almost any personal injury case. The parties can arrange for mediation at any time.
You should inform the court of your intention to mediate as soon as possible. Courts often maintain rosters of approved neutral mediators who can assist you.
Is Mediation Required for Personal Injuries?
While mediation is often an optional process, there are circumstances where it is required. In either situation, you should seek help from a lawyer.
When Mediation is Optional
Mediation is usually an optional process and is considered an alternative dispute resolution method. In most circumstances, mediation occurs by mutual assent of the parties. If one of the parties does not want to go through mediation, they do not have to, barring special conditions.
When Mediation is Required
If a personal injury claim involves a signed agreement, like a waiver, the agreement might contain legally binding terms and conditions that require the parties to try mediation.
In other cases, a judge might order the parties to try mediation before scheduling a trial. The judge’s goal is to cut down on the number of trials and push cases toward settlement, when possible.
How to Prepare for Mediation in a South Carolina Personal Injury Case
You may prepare for mediation as you would for a trial. Knowing the facts of the case and having evidence to support you is crucial.
Know the Facts of Your Case
It is important to know the facts of the accident that caused your injuries inside and out. Our Lexington, SC personal injury lawyers can examine the evidence and review details from police reports to get a full picture of the facts.
Have Strong Evidence on Your Side
You should come to mediation hearings prepared with evidence. Since the rules of evidence do not apply to mediation hearings, you may present evidence that is not admissible in court, like police reports. Photos from the accident, security camera footage, and even witness testimony may be presented.
Be Prepared to Negotiate
When preparing for mediation, you must go in with an open mind. Both you and the opposing party will be given the opportunity to tell your side of the story. A resolution may only be reached if both parties are willing to come to an agreement, which might require some compromise.
Hire a Lawyer
The first step toward preparing for mediation is to hire a lawyer. Your lawyer, who will help you build your lawsuit, can also help you through the mediation process.
When Mediation Can Be Helpful in Personal Injury Cases
While mediation is often optional, it might be an option worth considering under certain circumstances.
Complex Facts
If the parties are open to accepting a settlement, but the facts of the case are so complicated that it is too difficult for parse through everything on their own, a mediator may be a significant help.
Contentious Parties
The parties might both want to resolve the disputed issues, but they may be so contentious that they have difficulty communicating. A mediator may be very helpful in these kinds of cases.
Claims of a Personal or Private Nature
Mediation hearings are typically conducted in private and not open to the public. If there are parts of the case that you would rather keep private and not hash out in open court, mediation could be a viable option.
Frequently Asked Questions About Mediation in South Carolina
What Happens During a Mediation Hearing for Personal Injuries?
During mediation, both parties may present their side of the story, including evidence, to a neutral mediator. The mediator does not decide who is right or wrong, but guides both parties to an agreement.
Is Mediation Legally Binding?
The results of mediation are not legally binding. In many cases, no agreement is reached, and the parties proceed to a full trial.
Can I Refuse to Participate in Mediation in South Carolina?
Generally, you do not have to participate in mediation if you do not want to. The opposing party might suggest mediation, but you are allowed to refuse. However, you might be unable to refuse if ordered to participate by a judge.
Do I Need a Lawyer for a Mediation Hearing?
You are not required to have a lawyer to participate in mediation, but having one is a good idea. Your attorney can help you build your case and present evidence during mediation. They can also protect you if the opposing party tries to use confidential information from mediation against you.
Is Mediation Better Than a Full Trial?
Whether mediation is better or more advantageous than a trial varies from case to case. Ultimately, it is up to you to decide between these options, and your attorney should offer some guidance.
How Soon Does Mediation Occur in a Personal Injury Lawsuit?
Mediation can begin at any time. Mediation can occur before filing a lawsuit or once a trial is approaching.
Receive Legal Support from Our South Carolina Personal Injury Attorneys
Get a free case evaluation by calling our Johnsonville, SC personal injury lawyers at Burriss Ridgeway Injury Lawyers at (803) 451-4000.
