When the typical resident of Alberta pictures the sequence of events in a personal injury claim, he or she visualizes a period of negotiations, possibly followed by a trial. Few such residents consider the chance that the two disputing parties might choose to take part in a mediation session. Yet no statute in Alberta’s laws would forbid the pursuit of an effort to use a mediator’s skills, in order to settle the dispute.
What is mediation?
It is a form of alternative dispute resolution. It can create inroads, which can prove useful, during any ongoing or future effort to achieve a settlement. Remember, the two parties can reach a settlement at any time, even after the start of a trial, should that event become necessary.
What is the mediator’s role?
The mediator helps both parties to find a suitable means for resolving their differences of opinion and their differing views of the situation. Mediators do not introduce their own thoughts and personal opinions. Furthermore, no mediator should take on the role of a legal counsel.
Mediators encourage any attempt to arrive at a settlement. With a mediator’s encouragement, one or both parties may feel inclined to suggest a possible solution. Time spent attending special training classes aids development of the mediator’s ability to take on a challenging role.
Primary benefits enjoyed by those that take part in a mediation session:
Those on both sides of the case that has caused and highlighted the differences in views and opinions gain a greater understanding for the argument that has been presented by the opposing side. Having achieved that increased level of understanding, both parties benefit from an enhanced clarification of all the issues involved in the ongoing case.
For what sorts of personal injury cases should mediation be considered?
A session that has focused on mediating tactics yields the best results when the victim’s injury has stabilized. In that instance, the mediator does not have to imagine the possible results from uncertain future developments. In the absence of an uncertain outcome, both parties can find reasons for suggesting an alternative to the other party’s proposal.
A lawyer’s role during a mediation session:
The Personal Injury Lawyers in Leduc must work to prepare his or her client for the time that the same client will spend with a mediator. The lawyer should know that true costs of the client’s injuries, along with the possible complications, which need to be addressed.
Lawyers with clients that are going to take part in a time for mediating differences ought to discuss certain things with their clients. For example, the client should get a short lesson on his or her rights, along with a presentation of the facts on all of the available compensation.