How Long Mediation Takes in a Lawsuit
Posted on Friday, January 20th, 2023 at 4:50 pm
When it comes to personal injury lawsuits, one of the most common questions is how long the process will take. The length of a personal injury lawsuit can vary depending on the case’s complexity and whether both parties are willing to settle. Mediation is often a good method for resolving a dispute efficiently without having to go to court. In this blog post, we’ll discuss how long mediation takes in a personal injury lawsuit and what you can expect throughout the process.
What Is Mediation?
Mediation is a process commonly used to settle disputes outside of court. It involves the parties to the dispute and a neutral mediator. The goal of mediation is to reach an agreement between the parties and resolve the issue without going to trial. During the mediation process, the mediator facilitates communication between the parties as they try to reach an acceptable agreement. The mediator works to find common ground between the parties and sometimes provides suggestions for resolution. Ultimately, it is up to the parties to reach an agreement that satisfies both sides. Mediation is often a faster and less expensive alternative to litigation and can help preserve relationships between parties.
How Long Does Mediation Take?
Mediation can take anywhere from a few hours to several days or weeks, depending on the case’s complexity and how quickly the parties can reach an agreement. The time it takes for mediation to conclude depends largely on the parties’ willingness to come to a resolution. The mediator may also need extra time to ensure they address all the parties’ issues.
What Happens After Mediation?
When mediation is successful, the parties will usually sign a written agreement stating the dispute’s outcome. This involves both parties agreeing to terms to settle the case. If the court ordered the mediation, the settlement will be legally binding. When an agreement is binding, it means that either party can take legal action if the other party does not follow the terms of the agreement. After the mediator finalizes the settlement, a judge can dismiss the case, and both parties can move on. However, if mediation fails, the parties may pursue litigation in court.
What Happens After Mediation Fails?
If the parties cannot reach a resolution through mediation, they may have to refer their case back to court. The parties will either proceed with a trial or explore other options, such as arbitration. If the parties decide to go to trial, the attorneys will proceed with pretrial activities such as discovery. At the trial itself, the parties will present their evidence in court and ultimately have a judge or jury decide on the case’s outcome. This can take several months or longer, depending on the complexities of the case. In some cases, the parties may agree to settle the case even after mediation has failed, resulting in a faster resolution than if the case went to trial.
How Long After Mediation Can You Go to Court?
Once mediation has failed to settle the case, you can still choose to proceed with a personal injury lawsuit. Depending on the lawsuit’s intricacy, court availability, and everyone’s schedules, it can take several weeks to months before your case goes to trial. It may take longer if you have a particularly complicated matter that requires a lot of preparation. During this time, both parties must continue to gather evidence and witnesses to prepare for their day in court. Once your case is ready to go to court, it is ultimately up to the judge or jury to determine the outcome.
How a Personal Injury Attorney Can Help
Whether you are considering filing a personal injury claim or have already filed one, an experienced Texas personal injury attorney can provide valuable assistance throughout the legal process and help you seek the maximum compensation you might be entitled to. A personal injury lawyer can review your case, determine who should be held liable for your injuries, and advise you on actions to take, such as filing a lawsuit or participating in mediation. They can also represent you in court and fight for your rights and interests.
Speak With a Beaumont Personal Injury Lawyer
If you have been injured due to the negligence of another, you may be entitled to compensation for your injuries. At Portner Bond, PLLC, we have more than 70 years of combined experience handling personal injury cases and have obtained millions of dollars in settlements and verdicts for our clients. Our lawyers are dedicated to protecting the rights of injured individuals and pursuing justice on their behalf. Contact us today by calling (409) 838-4444 for a legal case consultation.