Four Things to Know About Mediation in Alaska Injury Cases
If you were unable to reach an agreement after filing a personal injury claim with an insurance company, your next step to recover compensation for your losses is usually to initiate a lawsuit in court. However, there may still be opportunities to resolve your case before trial, and Alaska law does encourage you to do so. Under Alaska’s Rule of Court 26(f), parties are required to schedule a meeting to discuss the nature of the lawsuit and the possibility of settling the claim. The rule specifically mentions that the conversation should include whether mediation or another alternative dispute resolution procedure would be appropriate.
You can trust your Alaska personal injury attorney to handle the specifics, since all aspects of litigation can be complicated. Still, you might benefit from reviewing four key things to know about mediation in these cases.
- Mediation is out-of-court, but still a formal proceeding. In a mediation session, the parties to litigation will sit down with a mediator – a neutral party who has special training in strategies that help encourage settlement. The mediation professional will review the key issues in the case and may discuss them separately with each party. Then, the mediator will work with the entire group, facilitating productive conversations that bring the parties closer together on settlement.
- There are significant benefits for resolving a claim through mediation. When you can calmly discuss your differences, through the encouragement and guidance of the mediator, parties are more likely to reach a settlement. The primary advantages for doing so are both cost and time. You can resolve your claim and obtain compensation for your losses shortly after signing the necessary documentation.
- Mediation enhances certainty and lowers risk. There are no guarantees in litigation, so you are bound by the verdict issued by the judge or jury. Even if you think your case is iron-clad, the finder of fact may not agree. Jurors may find that you were somewhat at fault in causing the accident in which you were injured, so your compensation could be reduced. When you go through the mediation process, you know exactly what you are getting in terms of the result AND the amount of monetary damages.
- You are NOT bound by the proceedings. If you do reach an agreement through mediation, all parties will sign the essential documents – which are typically prepared by the mediator. As soon as there is a court date available, the attorneys representing the plaintiff and defendant will enter the proper order in court. However, if mediation fails and you cannot resolve your dispute, you will go back to court and continue the litigation process where you left off.
Consult with an Alaska Injury Lawyer Regarding ADR Options
At Power & Power Law in Anchorage, Alaska, our team is well-versed in all issues that arise in litigation, so we are prepared to advocate on your behalf in mediation. To learn more about the process, especially the pros and cons, please contact our office to set up a free consultation. We can answer your questions and tell you what to expect.