Mediation In Florida Car Accident Cases: What Should You Expect?
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Mediation gives both sides of a car accident case an opportunity to work toward a resolution with the help of a neutral third party. It can be a particularly important point in a lawsuit because it allows the parties to weigh settlement against the risks and expense of moving closer to trial.
In this article, we break down what happens during car accident mediation in Florida, including who attends, how long it may take, and what happens if the case does not settle.
What Is Mediation In A Florida Car Accident Case?
Mediation is a process in which a neutral third party, known as a mediator, goes back and forth between the parties to a lawsuit in an effort to find middle ground and reach a resolution.
You may be asked to attend a voluntary pre-suit mediation in an effort to resolve your case before a lawsuit is filed. If a lawsuit has already been filed, the judge may order the parties to attend mediation. In most cases, mediation is a requirement before a judge will allow the case to proceed to trial.
Typically, both sides begin the mediation by making an initial presentation of their case. The parties then move into separate rooms, and the mediator goes back and forth between them for the remainder of the mediation.
Why Do Florida Courts Encourage Parties To Participate In Mediation?
Florida courts encourage mediation because it can reduce the number of cases that ultimately require a trial. Statistically, the day of mediation itself has one of the highest likelihoods of settlement compared with other days in a case.
Mediation works in part because it creates a definitive point in the case when both sides have an opportunity to settle before they begin spending significant amounts of money preparing for trial. Once that money has been spent, cases can become more difficult or expensive to settle, making a trial more likely.
Trial is not necessarily a bad thing. However, it is important to weigh the risks against the potential reward. While not every case can be resolved through mediation, there is value in having a professional examine both sides of a case before it moves further through the court system. In a sense, mediation provides a way to see both sides of the mirror.
Who Typically Attends Mediation?
A typical mediation includes:
- The plaintiff
- The plaintiff’s attorney
- The mediator
- The defense attorney
- An insurance adjuster
The defendant’s presence is typically waived unless the plaintiff is seeking an amount greater than the available insurance limits.
Is Mediation Confidential?
Mediation in Florida is confidential. The fact that a case did not settle during mediation is not admissible as evidence. Likewise, the offers and demands made by the parties during mediation cannot be disclosed to the judge or outside of the mediation.
Communications with the mediator are also generally confidential unless you specifically authorize the mediator to disclose a particular communication.
How Long Does Mediation Usually Take?
Mediations frequently have a two-hour minimum and may last as long as a half to a full day, depending on the case. For a typical mediation, you should plan to spend at least half a day participating in the process.
What Happens If Mediation Does Not Result In A Settlement?
If mediation does not result in a settlement, the case moves deeper into the court system and closer to trial. However, there may still be opportunities to resolve the case along the way.
Many insurance companies will file a proposal for settlement based on their highest and best offer from mediation if the case does not settle. This is not guaranteed, however, and in some instances an offer made after mediation may be lower than the best offer made during mediation.
The case will also require further discovery in preparation for trial, which may include discovery involving expert witnesses. Each event that occurs after mediation can create another potential opportunity for settlement.
However, when there are significantly different evaluations of the case, and those involved cannot reach an agreement, trial may ultimately be the only path to resolution.
Still Have Questions? Ready To Get Started?
For more information on car accident mediation in Florida, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (863) 201-5918 today.
