If negotiations do not end with an offer of compensation, then the disputing parties might want to consider mediation. It is quicker and less stressful than utilization of litigation procedures.
Basic elements of mediation
• The disputing parties and a neutral mediator
• Both parties have agreed to use of mediation
• Mediator strives to have both sides agree on a way forward.
• Nothing said can be used during some later point of the claim process.
Each side receives a chance to speak with the mediator in the presence of a representative from the opposing side. Each party has a chance to speak directly to the other party, with the mediator acting as a facilitator.
The injury lawyer in Barrie knows that each of the disputing parties has a chance to spend time alone, with the mediator. Following completion of all of those steps, the mediator strives to facilitate an agreement between the disputing parties.
Types of mediators
• Volunteers from neighborhood: Used when neighbors have a disagreement.
• Retired lawyers and judges: Can charge a large fee
• Recent graduates from law school: Normally charge a lower price
• Full-time mediators: Usually the most expensive choice.
Benefits and drawbacks
A solution emerges in a shorter period of time, because neither side has to present any type of document. Mediation does not force either side to undergo stress. None of the discussions that take place get shared with members of the public.
There are inexpensive mediators available, but those parties that have agreed to pay for a mediator could find it difficult to locate one of the cheaper choices. Mediation cannot take place if the adjuster from the defendant’s insurance company refuses to take part in such a proceeding. Unfortunately, not all adjusters agree to participate in the mediation process. That particular drawback reflects the existence of an additional benefit.
During negotiations, the adjuster and claimant have always spoken on the phone. In other words, throughout that entire process, adjuster’s eyes have never looked into the claimant’s face. That set of circumstances vanishes during mediation.
According to the structure in the planned program, the mediator joins the disputing parties at a table. At that point, the 2 sides face each other. When the 2 sides have an opportunity to speak with each other, the adjuster might find it more difficult to work towards shaping a tough bargain. In other words, the adjuster’s offer could be a bit higher than it had been, when made over the phone.
Over time, adjusters’ experience has alerted them to that possibility. For that reason, some of them refuse to participate in the structured program that has been designed to encourage the process of mediating a dispute. That program tends to hand the claimant an advantage.