4 Questions Regarding Mediation In A Personal Injury Claim

In Ontario Province, it’s not uncommon to see a personal injury claim get settled outside of court.  In fact, over 90% of all cases never see a courtroom.  One of the primary ways in which a personal injury lawyer can negotiate settlements out-of-court is through the use of mediation.  Mediation is so important that many cities require it before any case can ever go to court.

The FSCO or Financial Services Commission of Ontario requires that all cases involving accident benefit disputes go through this process prior to any arbitration or litigation.  If the parties involved fail to do so, their personal injury lawyers cannot proceed with their cases.  Consequently, many clients have questions regarding the mediation process and what they can expect to accomplish. It is best to talk with a personal injury lawyer in Stouffville and get the facts clarified.

While the mediation process can be nerve-wracking times, the following questions will relieve your worries so you are able to get through it with a minimal amount of stress:

Does timing matter in mediation? There really is no good or bad time to mediate, as long as all parties are attending in good faith and all of the pertinent documents have been exchanged.  If one party is not attending in good faith, then it will most likely hinder the mediation process.  The problem is that you and your personal injury lawyer cannot read the other party’s minds.  Unfortunately, this means that you never know who will be attending in good faith and who won’t.

Is it possible that there could be a single mediation in my case?Actually, yes.  The plaintiff, defendant, and their personal injury lawyers can mediate as often as they like.  If your first mediation failed, you can schedule a second one.  In fact, it’s necessary to do so on certain occasions such as in multiple party cases.  It’s also common when one party fails to understand the inherent risks involved with their claim or doesn’t have the proper authority to do so.

What happens when my case doesn’t settle during mediation? No need to worry.  Keep in mind that not every case does.  Yours will proceed as normal with the next step and could possibly involve another discovery, medical exams, or the pre-trial.  In any event, your case will not be derailed by a failed mediation.  It will continue along normal litigation channels.

Who is responsible for paying the cost of mediation? This depends on a couple of factors.  If two parties are involved, each pays an equal share of the cost.  If, however, it’s you against an insurance company, your personal injury lawyer will negotiate for them to pay the costs involved, provided the case settles.  This can be very significant when you consider that a top-quality, in-demand mediator charges as much as $5,000 or more for their services.