Majority of auto accident victims in
have mistaken belief that legal counsels only devote their time on defending their clients’ cases in court battles. In reality, there also auto accident lawyers in California who engage themselves in mediation practices wherein both parties – the plaintiff and the defendant – agree to enter into an alternative dispute resolution outside the usual court proceedings. California
The process of mediation may start by informing the accused party of a certain complaint that resulted from the auto accident. If a positive settlement was not accomplished through a private negotiation, they may opt to select a third party to help them resolve the issue and reach an agreeable settlement for both parties.
In mediation, the agreement may be reached depending on the determination of both parties rather than the imposition or judgment of a third party or mediator. Hence, this legal exercise may benefit them since it may lessen their possible expenses in going through time-consuming court trials.
The mediator who will be agreed upon should be impartial and competent enough to weigh all the evidences brought up before giving his recommendations regarding the disputed matters. He also aid the disputants determine, clarify and deliberate on the events that have caused their arguments. Yet, he does not have the authority to compel both parties to go along with his recommendation.
In addition, a mediator has the responsibility to explain to them how other similar cases have been settled, giving both parties an idea of the probable scenario if they fail to come up with an agreement out of court. Thus, he should know how to utilize the suitable techniques that may apply in every particular case assigned to him. For that, many auto accident lawyers may serve as good mediators in an auto accident dispute or case.
However, mediation is an informal legal process that is also non-binding. This means that if in case the plaintiff involved in the negotiation may still file a lawsuit in court if he does not agree with the recommendation of the mediator.