Here's the situation. An employee got hurt at the workplace and asked for compensation. On the other hand, the company's executives claim the accident happened due to the employee's negligence. There is a conflict of interest and two completely different claims. According to the legal experts from nakaselawfirm.com, if there is a possibility to avoid the trials, they should go for it.
So the next step is hiring a mediator to help negotiation. Both parties can ask for mediation, or the court can suggest. The goal of this participant is to help the negotiation process and find the most acceptable solution for both sides. They don't make a final decision; they only run the process, while the parties control the end of their dispute.
When You Need a Mediator
In case when workplace injury case is not too complicated (no significant health damage or human victims), one of the parties can suggest settling out of the court. But if there are communication difficulties, introducing a mediator, after both sides agree, can help.
Mediation is not legally required. You can simply skip this step and go right to the court. You can find them by recommendation, on some legal website, or your lawyer can suggest someone. Everybody knows that trials can be exhaustive and not quite confidential (unknown people in the jury). Hiring a mediator is the best option when you want to keep the privacy of your case.
Skills and Qualities Mediator Should Have
Persons who will participate in the process as mediators should be highly qualified and specialized in many fields of mediation. They need to know various negotiation techniques, but also to have all the soft skills for smooth communication.
The presence of mediators should ease the negotiation in personal injury cases, as these situations can be tough. They are professionals trained to handle various situations and professional challenges. The mediator works with each participant separately, but also together. At any moment, they should maintain good relations and communication between the parties in the dispute.
The mediator must treat both sides equally. Empathy – yes; sympathy – big no. Being objective and able to participate as a neutral party is one of the essential things in the mediation process. Mediators don't judge, decide, or suggest a solution to the personal injury case.
Benefits of Mediation in Personal Injury Case
When a workplace accident happens, neither injured employee nor businessmen/companies want to go through the hassle of numerous trials. Going to the court should be the final solution after every out-of-the-court negotiation fails. Mediation has several benefits for both parties, but even if sometimes necessary, it's not obligatory.
Controlled Process
Both defendant and plaintiff have complete control over their dispute. The mediator, as a neutral side, is just a helper. Each side is an active part of the negotiations; they can make suggestions, add comments, accepts or rejects the proposals of the other party, etc. Participation in mediation is voluntary. Both parties can give up any time if they are not pleased with the process flow.
Less Stress
If mediator helps in solving the case out-of-court, that's good. You won't waste time, money, and energy. Sometimes, just one meeting is enough to reach an acceptable solution. The mediator encourages the parties to speak up and set conditions. In this procedure, there are no convictions and accusations. All sides are equal, and everyone has the same rights.
Guaranteed Privacy
In the case of a workplace accident, this is something companies ask for. Mediation is a strictly confidential procedure. When people are reasonable, they find a solution to their dispute after a single session. But even if mediation persists, there's no record about it.
Before the out-of-court settlement, the mediator should assign a confidentiality agreement with both parties. This document obliges the neutral participant to keep everything private. Even on the court, a mediator can't testify about the course of mediation.
The participation of a neutral party can be a simple and effective way to resolve disputes, even in case of personal injuries. Solving problems between the two parties don't always have to take place inside the courtroom. Only when one of the parties is not satisfied with the mediation for a good reason, filling a claim and starting a trial is justified.