Personal injury cases are ideally suited to resolution through mediation. There are several reasons for this. For starters, every personal injury case is unique. Circumstances vary a great deal and even when the details of an event are similar, the people involved are unique individuals. What works for resolution in one case might not be an option in another.
One of the reasons why mediation is so effective for resolving personal injury disputes is because it addresses all aspects of the matter. Not only is a financial award discussed, disputing parties also have an opportunity to discuss their thoughts and feelings on the matter, clearing the path for negotiation. A skilled mediator is able to take two parties that seem far from agreement and ease them toward a viable resolution.
Mediation is effective because it bridges the gap between disputing parties. The plaintiff is living with pain and dissatisfaction with medical care on a daily basis. The adjustor uses past cases with similar injuries to place a dollar amount on the table, giving minimal thought to the specific individual. Each is handling the situation as best as they can, but the process puts parties at an impasse. A skilled mediator can overcome this impasse and lead parties to a successful resolution.
Another reason mediation is ideal for personal injury disputes is because it provides so much flexibility. There is a limited selection of potential resolutions when a judge or jury is determining the outcome in a personal injury case. When mediation is used, there are no limits and disputing parties are free to consider every possible outcome, even if something seems unorthodox or unusual.