Getting involved in a car accident can be traumatizing, worrying, and stressful. When the accident happens due to negligence from another party, the parties involved can settle the personal injury case through mediation or litigation. Whatever option they settle for, it is important to learn how each works because the circumstances vary.
Each option has pros and cons, which is why it is important to get more details to help make informed decisions before the victims commit. So what do mediation and litigation mean? This guide explores the key elements of mediation and litigation and how parties can resolve their disputes when involved in a car accident in Tulsa, Oklahoma.
Mediation is an informal process for resolving disputes. Parties involved in a lawsuit decide to solve the dispute by involving a third party whose role is to negotiate the resolution and help the parties come to an agreement. The court may take up the case if the parties pursue mediation before trial. The third party is called a mediator.
The mediator guides the parties in identifying issues in the dispute and agreeing on a suitable outcome in the best interest of both parties. While the mediator plays an important role in mediation, they do not make the final decision for the parties. Those involved in the dispute participate, offer suggestions, and arrive at an agreement.
Litigation is another terminology for a lawsuit. The parties involved in a personal injury case decide to take the dispute to a court of law if they cannot agree among themselves.
In this dispute resolution, a judge or jury bears witness to the plaintiff against the defendant and uses the available evidence to make a ruling.
The goal of taking the personal injury case to court is for the plaintiff to receive compensation for their injuries instead of letting the defendant’s face jail. Litigation may be helpful for parties that experience communication roadblocks.
Some parties would settle for mediation after discovering the benefits. Here are the advantages of choosing mediation in a personal injury case.
While mediation can be a better option for personal injury case resolution, it also comes with various cons. Here are the negatives of mediation.
When choosing mediation, the parties should evaluate the advantages and disadvantages and make informed decisions because cases vary.
Having explained what litigation is, it is important to know the pros and cons before you settle for this option. Here are the pros of choosing litigation for dispute resolution of a personal injury case.
When parties involved in a personal injury case decide to go for litigation to resolve their disputes, it is important to note the disadvantages listed below.
Resolving a personal injury case following a car accident through litigation is challenging and costly. The parties can explore ways to resolve their differences and minimize the costs.
There are different cases where mediation and litigation can be effective and beneficial. Mediation can be effective in most non-criminal cases. This option can work in cases involving verbal harassment. In most cases, such disputes result in successful mediation. For instance, a dispute between a driver and passenger that resulted in partial injuries that do not require a lot of money on treatment can be resolved through mediation.
The parties work with a mediator to determine the best possible settlement offer to end the conflict. On the other hand, if the accident is severe and the parties fail to agree on a favorable solution, they can proceed to court for a possible resolution.
Both mediation and litigation serve the same purpose depending on the circumstances of the case. It is important to note the pros and cons of individuals’ choices to make informed decisions. Parties should analyze the leading factors such as the cost, time, and choosing a trustworthy mediator. Mediation may be a good option where both parties do not want to waste time and money going to court.
When parties get involved in a personal injury case, deciding whether to go for mediation or litigation can be challenging. For this reason, it is important to involve experienced personal injury lawyers who understand how litigation and mediation work in Tulsa, Oklahoma. An experienced lawyer can offer legal counsel and assist with appointing a skilled mediator, provide advice on legal issues, be present during the mediation process, and draft settlement agreements during mediation. The lawyers can offer legal help and create a smooth process for settling disputes in personal injury cases. Contact us or call us at 918-359-6600 today for a free consultation.