Mediating Personal Injury Cases: A Faster Route to Resolution

Let us start this article by stating: If we ultimately need to take your personal injury case to court to win you a fair settlement for the pain and suffering you’ve experienced due to someone else’s negligence, we will not hesitate to do so. That being said, if we can find a less nerve-racking way for you to receive the same kind of compensation, we’re always willing to consider taking things in another direction. Because there is a process that can shortcut the stressful, time-consuming litigation we often have to pursue when winning cases for our clients. It’s called mediation. Let’s take a few moments to answer some common questions about Michigan’s mediation process, and why we consider it a valuable tool for our clients.

What’s Mediation and Why Is It Important in Personal Injury Cases?

Mediation is a form of Alternative Dispute Resolution (ADR) that can help disputing parties solve their differences without having to go to court. According to a study conducted by the Michigan Supreme Court’s State Court Administrative Office, mediation has been proven to help resolve cases far faster than other ADR methods – and much more quickly than traditional courtroom litigation.

It’s also cost effective. While there might be a fee for mediation services (for example, Oakland County’s 48th District Court stipulates that the “mediator sets an hourly fee” and “payment arrangements are made between the parties and the mediator”), the efficient resolution made possible by mediation can help injured people concentrate on their recovery rather than worrying about ongoing legal matters. And since time is money, the many months of legal work that the mediation process circumvents could even yield higher net settlement amounts when all is said and done. Of course, since we work on a contingency fee basis – and always promise that you pay nothing unless we win – you won’t have to spend a penny out of pocket for mediation services if we mutually agree to go that route.

How Does Mediation Work?

Simply put, the mediation process brings disputing parties together in a neutral location (even sometimes an online forum) with an unbiased person on hand to help them resolve their differences. The mediator is someone well versed in the law, often a retired judge or attorney, who is trained to assist plaintiffs and defendants in reaching a solution before the case has to go to trial. In the best-case scenario, this process enables our clients to receive settlement funds many months before a personal injury trial could even hope to begin.

The process is quite effective. Annually, more than 30,000 cases across the state are resolved through a variety of mediation services funded by the Michigan Supreme Court. In fact, the Michigan Supreme Court notes that disputing parties reach an agreement in about 80 percent of cases brought to the state’s mediators.

Is Mediation Confidential?

Yes. Nothing said during the mediation process is recorded or made public. That’s because Michigan court rules guarantee anything said in a mediation session cannot be revealed or used in subsequent court proceedings. An exception: should someone threaten to physically harm another person during mediation, it could result in arrest or even criminal charges for assault filed against the aggressor for making what’s known as a credible threat. It’s all about making mediation a safe space for discussing and – hopefully – resolving disputes before it’s necessary to go to court.

Is the Mediation Process Binding?

No. If either or both of the disputing parties don’t agree to the terms of the mediation, the case can go to trial without penalty. And, as we’ve noted, confidentiality rules assure that nothing revealed in the mediation process can be used against either party in a subsequent court case. So, in most circumstances, you have nothing to lose by attempting mediation, and potentially much to gain.

How Does Someone Become a Mediator?

Mediation is a tough job, and becoming a mediator isn’t easy either. Mediators must meet stringent criteria to become certified in Michigan, including completion of training sessions conducted by state-licensed trainers and approved by the State Court Administrator. In addition, mediators who wish to work in Michigan must have either a “Juris doctor degree or graduate degree in conflict resolution; or 40 hours of mediation experience over two years, including mediation, co-mediation, observation, and role-playing in the context of mediation.” Plus, even after they’ve been approved to serve, mediators must undergo eight hours of advanced mediation training during each following two-year period. For more details, the state offers a number of resources for mediators (or those who wish to become mediators), and also publishes a nine-page Standards of Conduct document that mediators must observe to continue practicing in Michigan.

Whether You Need Mediation or Litigation — We’ve Got You Covered

The best way to get started is, of course, to get in touch with us to discuss the injuries you’ve suffered – whether they’re the result of a car crash, a boat accident, a work incident, medical malpractice, bad nursing home care, even a nasty dog bite! We can advise you on the most effective way to receive the compensation needed to help you recover from your injuries. That can involve seeking mediation or some other form of dispute resolution — even if it means taking your case to trial before a judge and jury. Whatever happens, you can rest assured that we’ll be on your side every step of the way. To get things started, all it takes is a simple phone call to 855-MIKE-WINS (855-645-3946) or an online request to learn more.

Content checked by Mike Morse, personal injury attorney with Mike Morse Injury Law Firm. Mike Morse is the founder of Mike Morse Law Firm, the largest personal injury law firm in Michigan. Since being founded in 1995, Mike Morse Law Firm has grown to over 200 employees, served 40,000 clients, and collected more than $1.5 billion for victims of auto, truck and motorcycle accidents. The main office is in Southfield, MI but you can also find us in Detroit, Sterling Heights and many other locations.