In the city of San Luis Obispo, mediation is an alternative to a lengthy court process. Some plaintiffs in a personal injury case may choose to go through mediation instead of taking their case to trial. There are different reasons that people make this decision. Some do not have the time to spend in court, and others may want to save the money that a trial would cost.
There are different forms of mediation. In the most common form, traditional mediation, there are distinct phases. In the first phase, all parties and their attorneys are present. Sides are presented and experts may be questioned. A discussion of applicable laws may be held. Each party can hear the viewpoint of the other.
In a mediation, a person controls the meeting. This may be an attorney who works for the court or another person seated by the judge. It is the duty of this person to help both sides come to a mutually acceptable agreement. The person presiding over the mediation process can help to guide the meeting and keep things under control. Once a settlement is reached, the person presiding makes a final decision and that decision is binding by law. Once a decision has been made and a settlement agreed upon, the process is over.
For some people, mediation makes better sense than a lengthy trial. In other cases, it is in a plaintiff’s best interests to proceed with a trial. An attorney experienced in personal injury law and the process of mediation can help their client make the best decision for their unique situation.