The Benefits of Mediation in Texas Personal Injury Cases: Perspectives from a Dallas Lawyer

Determining the benefits of mediation in Texas personal injury cases can be a complicated process. Mediation is a kind of alternative dispute resolution, also known as an ADR, in which the parties to a dispute meet with a neutral third party whose goal is to help them reach a mutually agreeable resolution to the conflict.

Contrary to what you might believe, this mediator does not take the role of judge or issue a ruling as in arbitration, the other major type of ADR. Instead of going to trial or arbitration, a mediator will try to assist the parties in achieving an agreement on their own. Therefore, establishing who is at fault is less important than working together to find a solution.

But what are the main benefits of mediation when it comes to Texas personal injury cases? Read to learn more, and if you have questions in the meantime, contact our highly-seasoned legal team at Rasansky Law Firm if you've suffered injuries due to another party's negligence.

How Does the Mediation Process Work?

The stages involved in mediation may vary significantly depending on the mediator and the nature of the case, but in general, mediation is a more relaxed alternative to going to court:

1. First, the mediator meets with the parties and their lawyers for an initial session in which they outline the procedure they will follow.
2. From there, both sides of a dispute or injury claim can elaborate on the conflict they want to overcome.
3. A mediator in Texas will then probe both sides with questions in an effort to identify the issue at hand. There may be sessions in which the mediator meets separately with each side.
4. Finally, the mediator may prepare an agreement based on his or her talks with each party and present it to each party in turn, or the mediator may call the parties back together to examine the final settlement and sign an agreement. Mediation often results in a resolution of a dispute that would have taken many days (or even weeks) in a trial.

What Are the Advantages of Mediation Before Trial?

Mediation has several advantages when both parties are prepared to try to compromise. First and foremost, if successful, mediation may bring an end to a dispute much more quickly and at a lower cost than going to court.

And in contrast to a trial, when all of the facts and testimony are made public, mediation is conducted in private.
The end result also tends to be less frustrating or stressful via mediation since it facilitates an agreement rather than awarding a victory to one party after a long, protracted legal battle.

In the same vein, mediation is less emotionally draining and confrontational, which might make it simpler for the parties to reach a settlement and move on.

Does Mediation Require a Binding Agreement?

A binding agreement between the parties is not required to succeed in the mediation process. In addition, the mediator does not make a final decision.

However, the agreement established throughout the procedure becomes a legally enforceable contract and may be incorporated into a court order provided certain procedural criteria are met.

When is Mediation a Legal Option?

Mediation is an option in most civil claims, whether your claim is a personal injury lawsuit or a contract disagreement. For instance, before going to trial, many cases filed in Harris County's Civil District Courts must first undergo mediation or another type of alternative dispute resolution.

Since getting the parties together to reach an agreement that both are prepared to accept might ease future contact and collaboration, it's unsurprising that mediation is typically highly recommended in divorce cases involving children and custody disputes.

Before moving to a disputed hearing, the court may require the parties first to try mediation. In other cases, the parties may choose to pursue mediation on their own, either before a civil suit is filed or to resolve the issue before trial.

What Happens When Mediation Fails?

If mediation fails in Texas, the parties often submit the dispute to arbitration or continue with civil litigation, just as they would have done if mediation had not been tried.

There is often nothing to lose by first trying mediation before exploring other channels since it is cheap and takes minimal time compared to more formal judicial action. However, a win-win outcome needs both sides to put in an honest effort.

Do You Need an Attorney For Mediation in Texas?

Mediation is an option for any parties wishing to mediate a civil dispute, regardless of whether or not they have lawyers present. In an effort to save money, some parties may try mediation on their own rather than retain legal representation. Moreover, a mediator may also be an attorney but cannot provide either side with any legal advice.

That said, keep in mind that any person attempting mediation without proper counsel runs the risk of being unaware of or unprepared for the legal processes and implications surrounding mediation and other common aspects of a personal injury claim.

By having separate legal counsel for each side, the parties may make sure that all relevant problems are discussed and handled during mediation and that they fully grasp any final agreement's legal ramifications.

Contact a Dallas Personal Injury Attorney

At the Rasansky Law Firm, our specialty is assisting accident victims in obtaining financial recompense for their injuries and other damages, and we take great pride in our record of success.

We guarantee that you and your loved ones will always be treated with courtesy and kindness. You and your loved ones can expect respect and consideration from the moment that you begin working with our team.

Needless to say, we are dedicated to ensuring your complete satisfaction and take great pride in delivering the best possible results for the clientele we serve.

Over the course of more than three decades, our lawyers have handled personal injury, medical malpractice, and wrongful death claims in the Dallas-Fort Worth area and throughout the state of Texas. Contact our personal injury attorneys in Dallas at 214-617-1886 if you or a loved one has been hurt in Texas due to someone else's negligence, no matter the circumstances of your accident.