So you have commenced an action for your personal injury and you are probably expecting the razzle dazzle of the trial process.
The reality though is that most cases settle before they get to trial. Your case may settle soon after it is commenced, or it may take longer in which case it may go to mediation. If you have a personal injury case in Toronto, Ottawa or the county of Essex, you will be required to participate in mandatory mediation under Rule 24.1 of the Rules of Civil Procedure; subject to certain exceptions.
Mediation is an opportunity for both sides to come together and discuss the case in an effort to arrive at a resolution. It is an informal process and discussions are facilitated by a mediator. The mediator is a neutral third party who is there to guide the discussions and encourage communication between the parties. At the beginning of a personal injury mediation, the mediator will make opening remarks to inform the client about the mediation process. The lawyers on each side will then present their respective positions on the case. After these opening remarks, the mediator will meet with both sides in separate rooms to help them explore settlement options. The mediator will go back and forth between both sides exchanging settlement offers until a common ground is reached.
The mediation process requires communication, cooperation, and compromise. Mediation is beneficial because it can help the parties resolve their case faster and for less money. It can also remove many of the risks associated with the trial process because the lawyers are able to negotiate a compromised position. The process is confidential and parties may speak more openly about the strengths and weaknesses of their position in an effort to arrive at a common ground. If the parties agree on a final settlement amount then the case is resolved and they are required to sign a legally binding agreement. If, however, the parties are not able to reach a resolution then it will continue through the court process. Regardless of the result, mediation allows for an open exchange of information in a confidential setting so it helps to bridge the gap between parties. Ultimately, mediation can act as a tool to help you recover fair compensation for your injuries.
For further information, please contact one of our personal injury lawyers at (416) 225-8750.
The information you obtain at this site (including this blog) is not, nor is it intended to be, legal advice. You should consult a lawyer for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create a lawyer-client relationship. Please do not send any confidential information to us until such time as a lawyer-client relationship has been established.