Is a Mediation Contract Legally Binding In A Lawsuit?
Most personal injury cases do not go to trial. Instead, personal injury cases typically end with some agreement for a settlement made outside of the courts. There are several reasons why this happens, including the cost of going to trial, the lengthy process of going to trial, as well as the risk that comes with having a judge and jury decide the outcome of a case.
Suppose another party injured you, and you are filing a personal injury lawsuit. In that case, before you go to trial, going through mediation is an alternative dispute resolution process that could work better for your situation. If you can come to a mediation agreement, you will have entered into a legally binding contract.
If you need help with a personal injury suit after an accident in New Jersey, our South Jersey personal injury attorney at Monaco Law, PC, has the resources and experience to assist you with getting results.
How Mediation Can Resolve a Legal Dispute
If you are in a personal injury lawsuit, you may not actually have your case go to court. This can happen if you choose to partake in another type of voluntary alternative dispute resolution method. Mediation is one of these.
During mediation, a neutral third party, the mediator, will meet with everyone involved in the dispute. Individuals going through mediation can and should have lawyers helping them throughout the process.
The parties involved in mediation can choose the mediator for their case. The mediator will listen to all sides and work to foster meaningful and productive conversations with the goal of coming to a mutually agreeable solution.
Mediation can work for some individuals in a lawsuit, but there are never any guarantees. Still, when mediation is successful, a signed and notarized agreement will be established and legally binding. Then, it will go to a judge to be reviewed and approved.
Mediation is a way to get to a legal resolution that offers several benefits, including greater flexibility for everyone involved. It is also more cost-effective than going to trial, and a resolution can be determined faster than it can in court. Additionally, when an agreement is made, it is confidential, whereas the proceedings in court are public.
After a mediation agreement is signed, changing the terms can be difficult but not impossible. If everyone in the agreement approves changes, then the agreement may be able to be adjusted. If only one party wants a change and others in the agreement do not approve, then a convincing argument must be made to the court as to why there should be changes that other parties in the agreement do not consent to.
Speak to a New Jersey and Pennsylvania Personal Injury Attorney Today
Mediation can be right for some cases, and not feasible for others. To schedule a free consultation to learn more about your legal options after an injury accident please call our seasoned and experienced personal injury lawyer at Monaco Law PC at (609) 277-3166 for our New Jersey office and (215) 546-3166 for our office in Pennsylvania.
We are a New Jersey and Pennsylvania personal injury law firm serving Atlantic County, Bucks County, Burlington County, Cape May County, Camden County, Chester County, Cumberland County, Delaware County, Gloucester County, Mercer County, Middlesex County, Montgomery County, Philadelphia, Ocean County, Salem County, and all of South Jersey.
Source:
nj.gov/mediation/
