How to Prepare for Mediation in an Alaska Personal Injury Case
If you were hurt in a car accident, slip and fall, or other type of personal injury accident in Alaska, there is a good chance that your case will be referred to mediation. The process involves sitting down with a trained mediator whose job it is to facilitate productive conversation between the parties, potentially getting them closer together on settlement. An article published by the American Bar Association outlines some of the benefits of mediation, including lower legal costs, faster time to resolution, and certainty. When you can reach an agreement, you do not risk a loss at trial – which is always a possibility.
Mediation is less formal than a court hearing, but it is still an official proceeding that impacts your rights. As such, preparation is critical to your success. You will not need to be concerned about the legal specifics, since your Alaska personal injury lawyer will prepare you for what to expect. Still, some tips might be useful as you are getting ready for mediation.
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Identify Your Goals:
You should not walk into mediation expecting to receive the full value on the claim you filed with the at-fault party and/or insurance company. Instead, you need to assess what you would be willing to accept to cover your losses. For the most part, you should not back down from getting your medical costs and lost wages; these are definable losses. However, pain and suffering is an area where you might want to be flexible.
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Evaluate Your Position:
Your lawyer will guide you in weighing the strengths and weaknesses of your case if you were to take your claim to trial. When the evidence is strong in your favor, you will probably not be willing to give up much. One important consideration is your own actions in a traffic crash or other accident. If you were partly responsible for causing the incident, your compensation might suffer by taking the case to trial. Alaska’s contributory negligence law reduces your monetary damages if your own conduct was a factor.
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Be Open-Minded:
Mediation is about the spirit of compromise, so you must avoid looking at the proceedings as a win-lose scenario. Instead, be ready to listen to the other side and participate in the process in a meaningful way.
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Prepare to Move onto Next Steps:
Another advantage of mediation is that it is not binding, and you will still be able to pursue your lawsuit in court if dissatisfied with the outcome. The mediator does not make decisions or issue verdicts, so you can resume the litigation process where you left off. Note that the discussions that take place during mediation are confidential.
Discuss Mediation an Experienced Alaska Injury Lawyer
Knowing the benefits of mediation, you can see that proper preparation is essential. Our team at Power & Power Law will handle the legal details and explain the process. Contact us to set up a complimentary consultation. We can meet with you at our offices in Anchorage, Alaska to discuss details.