HOW THE MCMILLIAN LAW FIRM USES THE MEDIATION PROCESS TO MAXIMIZE THE VALUE OF YOUR CHARLESTON, SC AND SUMMERVILLE, SC PERSONAL INJURY CLAIM
You may remember that in an earlier article that I published to this site that I commented on how "every personal injury case that enters my office is prepared as if it will go to trial." Well, let me clarify that statement just a tad. The real goal of my preparation of your personal injury claim is to have my case ready to go to mediation. Any car accident or personal injury case that is filed in a South Carolina Civil Court will have to go through mediation. In other words, if your claim is not settled prior to filing a lawsuit, and the claim is not settled in the period of time immediately following the filing of the lawsuit, the case will go to mediation. Mediation, whether required by the court or agreed to between the parties, has become very popular because it has a high success rate and its costs are relatively low versus going to trial.
WHAT IS MEDIATION?Medication is a specialized meeting, where myself, as your personal injury attorney, and the attorney of the insurance company or at fault party meet with a "mediator." The mediator will most often be someone agreed to by the attorneys, but can be court appointed if the attorneys can not agree on who should mediate. The mediator is usually an attorney and will be someone with experience both in personal injury claims and litigation. Most mediation sessions will last less than a day - some only taking one morning or afternoon. The role of the mediator is to work with both sides to help them move towards settlement. The mediator is there to facilitate a meeting of the minds between you, the client, and the liable party so that the case settles in a more efficient manner and you the client have the compensation due to you paid in a more expedited manner.
HOW IS MEDIATION DIFFERENT THAN GOING TO TRIAL?
The very purpose of mediation is that it is designed designed to be conversational and cooperative, not confrontational or antagonistic like a trial. Mediation is also confidential, so that it encourages open dialogue between the parties. Nothing that is offered, or withdrawn, or put on the table during a mediation is binding on the parties if the case goes to trial. Mediation usually opens with both parties making a short statement about their case and highlighting the important aspects of their case. At that point, the parties separate and go into their separate rooms. The mediator then spends his / her time going from room to room, talking to one party at a time. The mediator is discussing issues with the case with each party, and passing settlement offers between the parties. While this setting is very unorthodox, it actually does work quite well. This process will repeat itself until the parties reach an agreement or the parties state the settlement is not possible and the case will go to trial.
THE MCMILLIAN LAW FIRM - YOUR CHARLESTON, SC AND SUMMERVILLE, SC CAR ACCIDENT AND PERSONAL INJURY ATTORNEY
As a Personal Injury lawyer in my solo practice, I will take all necessary steps to protect your rights and work to secure compensation for your injuries as a victim of a slip an fall. Being a small firm allows you to have direct access to your lawyer during this entire process, with open lines of communication as we work together towards a viable solution to your specific case.
Being an experienced personal injury attorney, I have experience dealing with insurance companies. I also know where the courthouse is and will not be afraid to call the insurance company to the mat in front of a judge and jury if necessary.
If you or a loved one has been injured in a slip and fall in Charleston, Summerville, Mount Pleasant, James Island, West Ashley, Goose Creek, Moncks Corner, North Charleston, or any of the other fine communities of the Low Country, and need to meet with an experienced slip and fall lawyer, please contact me to set up your free case evaluation today. Let me help prevent you from being taken advantage of by the insurance company. I am serious and I am here for you! Contact The McMillian Law Firm today @ 843-900-1306