Is Mediation Confidential in my Personal Injury Claim?
Many people in the midst of a personal injury claim wonder what options and methods they can take when it comes to settling their claim. For many, court is the last ditch effort to have a case settled because it is stressful, time-consuming, and expensive. This is why so many people are switching to mediation to settle their personal injury claims, to come to an agreement and make deals on some of the largest issues in their cases. However, some people do not want their case or the circumstances of their case broadcasted, which can sometimes happen in court. Is mediation confidential and what benefits could it offer you?
Confidentiality in Mediation
The circumstances of your personal injury case may be something you want to keep private from the public world. In court, your business may be known and so you may want an option that works best for you. Luckily, confidentiality is one of the most critical elements of mediation. Attorneys and clients are working one-on-one to understand the issues involved in the case, motivations, and risks of litigation. The participants understand that discussions held in mediation cannot be disclosed so that they have the option to speak openly about a variety of issues. Clients will usually speak about certain problems in mediation that are private to them and should not be disclosed to others, but are events that will help the parties reach agreements. Sometimes, attorneys will tell their clients firsthand that the entire meeting will be confidential and they will have to sign an Agreement to Mediate, which states that they understand the process and the confidentiality of the discussions held within.
If mediation does not settle your dispute and your case gets hauled off to court, you do not have to worry that anything said in the mediation will be held against you. The defense attorney won’t cross-examine you and point out that something was mentioned there, because your statements are private.
There are many benefits to mediation to reach the settlement that you deserve in your personal injury case. If you had doubts about the confidentiality of this option, you can now put them to rest. You have a chance to sit in the same room as those who you are working out an agreement with and have somebody encourage you to meet the best settlement that works for you. Call us today at Maggiano, DiGirolamo & Lizzi for more information on how we can assist you during this time.