The Role of Mediation in North Carolina Personal Injury Cases

When you’re injured as a result of another person’s poor decision-making, you probably want to hold them accountable as soon as you possibly can. Costs start piling up rapidly after an accident, and between medical expenses, lost wages and other economic losses, time is of the essence for you to take back control of your financial future.

While many of us assume personal injury cases get handled via insurance negotiations or in front of a civil court judge, many of these claims actually get settled via the mediation process. Here’s a drive-by overview of how mediation works in North Carolina personal injury cases and an explanation of the role an experienced attorney can play in helping you fight for a fair settlement every step of the way.

What is mediation?

Mediation is an informal, pre-trial process intended to help all parties involved in a dispute arrive at a mutually-agreeable resolution to a pending civil action. Trained mediators facilitate these conferences and essentially serve as a go-between for the different parties involved in a civil case. The mediator themselves is not a judge and doesn’t actually make any determinations about fault or settlement amounts. Instead, they facilitate conversation between involved parties to help them hopefully arrive at a solution that does not require anyone to go to court.

In some states, mediation is not required in personal injury cases, though involved parties may still choose to go through this process rather than deal with the strain of going to trial. In North Carolina, however, state law says that most personal injury cases filed in Superior Court are subject to mandatory mediation under state law before trial (subject to limited statutory exceptions or court-ordered waivers). This contingency gives all parties an opportunity to arrive at a resolution without the hefty costs and time associated with civil lawsuits so injured parties can more rapidly access the resources they need to move forward.

Mediation vs. arbitration: What’s the difference?

When working with personal injury clients, we often bump up against a lot of confusion regarding mediation, arbitration and the general civil claims process. A lot of clients confuse mediation and arbitration or assume they are different words for roughly the same process. In reality, however, these are two distinct processes that can yield very different outcomes. Here’s a quick primer on mediation, arbitration and other court proceedings to help you better understand which option makes sense or applies in your case:

Mediation

Mediation is essentially a form of guided negotiation. No third party will cast the deciding vote or find anyone “guilty” or liable. Instead, mediators work for both sides and aim to help all parties arrive at the best possible resolution. While attendance at mediation may be mandatory, reaching a settlement is entirely voluntary.

Arbitration

Arbitration might sound similar to mediation, but it actually functions more like a private trial. Rather than bringing your case before a judge or jury, you’ll appear before an arbitrator. In arbitration, a neutral arbitrator hears evidence and issues a decision, which may be binding or subject to appeal depending on the type of arbitration involved. Arbitration is still a form of out-of-court resolution but it is less collaborative or compromise-focused than the mediation process.

Court proceedings

Personal injury cases are heard in civil court as opposed to criminal court. Whereas the criminal court system focuses on punishing people for violations of established laws, the civil court system is primarily focused on compensating injured parties for certain losses. If your case goes to trial, you’ll likely appear before a judge or jury who will hear all the facts presented by both sides and assign liability and compensatory damages when necessary.

One important thing to know is that mediation conferences are confidential and civil court proceedings are not. Additionally, statements made during mediation are generally not admissible in future court proceedings so you don’t have to worry about the mandated mediation process undercutting your future legal options.

An experienced personal injury lawyer can help you better understand the key differences between these legal processes and provide you with the guidance you need to move through the various systems with more confidence and ease.

The mediation process: How it works

In most personal injury cases, the mediation process tends to follow the same basic structure. Here are some of the steps you can expect your case to follow when you embark on the court-ordered mediation process:

1. Opening session: The mediator will introduce everyone, walk you through the ground rules and outline how the process will unfold from that point on.
2. Presentations: The attorneys for all involved parties will give presentations summarizing their version of events and building their case for or against liability.
3. Joint discussion: Participants may agree at this point to respond to one another’s opening presentations to clarify or challenge certain points.
4. Private caucuses: Once all parties have presented their cases, the mediator will split everyone up into separate rooms and begin conveying offers and counteroffers between the different groups.
5. Joint negotiations: The mediator may reconvene a joint session to allow the parties to negotiate with one another directly. This step isn’t universal and is relatively rare, but it can be helpful in helping the participants arrive at a final resolution.
6. Closure: When all is said and done, the parties must either arrive at an agreement or terminate discussions. If the parties reach an agreement, the mediator may put the terms in writing and ask all parties to sign off on the provisions. If an agreement can’t be reached, the parties may choose to try again at a later date or move forward with civil litigation.

Mediation sessions can last a few hours or entire days. It really depends on the complexity of the case, the willingness of the parties to work together and how far apart the participants were to begin with. Experienced legal representation can often help speed things along and steer their client toward a more favorable resolution. It’s always in your best interest to enlist the services of an attorney because you never know how the folks across the aisle are going to show up or what tactics they’re going to pull to avoid paying you what you deserve.

The benefits of mandatory mediation

After an accident, injured parties often want to secure a swift resolution so they can focus on their recovery and avoid incurring too much debt. Unfortunately, the traditional litigation process often drags on, and cases are liable to stall due to red tape and systemic strain. Mandatory mediation can help injured parties circumvent some of these hang-ups and arrive at a favorable resolution with less hassle.

Here are a few of the other benefits associated with the mandatory mediation approach:

• Control: Both parties retain equal decision-making power and can arrive at more mutually-beneficial agreements.
• Cost efficiency: Mediation is far less expensive than preparing for and going through with a full trial.
• Timeliness: Compared to traditional court proceedings, the mediation process can sometimes resolve cases more quickly.
• Confidentiality: Communications made during mediation are generally confidential and not admissible in court, subject to limited statutory exceptions.
• Less taxing: A civil trial can be a source of major stress for injured victims who are already struggling to get by. Many injured parties find mediation to be less stressful than a traditional trial because the process tends to be less adversarial and more efficient across the board.

Even if mediation doesn’t produce a settlement, it can help clarify each party’s position and lay a clear framework for a more effective trial. Your personal injury lawyer can help you decide whether it makes sense to settle during mediation or move ahead with a formal trial and can use the mediation experience to help them build a more comprehensive case for compensation.

Final thoughts

Yes, mediation is required in most North Carolina personal injury cases filed in Superior Court, but that doesn’t mean it should be treated like something to “get over with.” Mediation often provides an opportunity for negotiated resolution, but even if it doesn’t result in an immediate resolution it can help you bolster future legal proceedings.

At Price, Petho & Associates, we understand what it takes to help clients stand up for themselves during the mandatory mediation process. Whether you wind up settling out of court or choose to take your case to trial, our experienced team can provide you with the guidance and support you need to make informed decisions while fighting for your rights.

If you suffered an injury as a result of someone else’s negligence, give us a call today or fill out our online contact form to schedule a free consultation with a member of our team. We’re prepared to give you a primer on the personal injury claims process and provide you with the tools you need to feel empowered every step of the way.