People involved in a personal injury case often wonder how long after deposition, arbitration may happen. In many personal injury cases, meditation is recommended and encouraged. Still, many people pursuing a personal injury claim are experiencing the legal process and system for the first time and do not fully know how the system will process their request. They may not understand what and why depositions or mediations happen.
Understanding the definitions and uses for each process is important to forming a full strategy for trial and deciding whether mediation and settlement are the best options or whether litigation should proceed. Attorneys often guide the parties through the claim, but the parties must understand the process to make wise decisions.
This article will define both depositions and meditations and then describe how both processes fit within the typical personal injury lawsuit.
The Deposition Process
Depositions are a discovery tool that allows one of the parties to question another party about the case. Discovery is the process of gathering evidence and evaluating a case. Depositions allow the parties to discover new facts while also evaluating the strength of the case and see if they can gain any damaging information from the other party. This questioning happens under oath, so the parties are required to be truthful and not exaggerate.
Any inconsistent statement from this period may be used later in litigation. This will usually happen in a place agreed on by the parties and is typically controlled by the attorneys. Once the deposition is requested, attendance is mandatory.
Depositions are most commonly taken by defendants in personal injury lawsuits to better understand the claim’s strength. The party that requested the deposition will ask questions of the other party that will depend on the nature of the case, but common topics are:
Personal Information:
The deposition will usually start with simple information, such as the party’s location, name, and history with the legal system.
Prior Health History:
The deposing party will often seek to gather whether the injured party had any other conditions that may have caused the injury. They do this by asking for medical records and the injured party’s health history before the accident. This type of information can be beneficial when there are questions about the seriousness of the injury or the exact cause.
Details of Injury:
The deposing party will also ask about the accident and injury to gather a full picture of the plaintiff’s version of the facts. This allows the party to have a written statement of how the injury occurred to bring up if there are inconsistencies.
Life After:
They may also ask how the injuries affect the person’s life moving forward. This will give a clearer picture of how the injury affected the plaintiff’s life and how much damage it caused.
After the deposition, the parties will better understand the case and the best path forward. Preparing for depositions is important because it can strengthen a case if done correctly and harm it if it goes poorly.
Understanding The Mediation Process: The Steps
Mediation is a process that brings the parties together with a neutral third party, known as the mediator. A mediator will bring the parties together to settle the case and have them discuss the possibilities. Mediation is a voluntary, confidential process that allows the parties to discuss how the case could be resolved. When successful, mediation is often faster than litigation and can be more cost-effective.
However, mediation is not binding, so it does not need to settle, and the parties can choose to move forward with litigation and forgo the mediated settlement process. Mediation can be helpful when the parties struggle to overcome close counteroffers that cannot overcome one hurdle. The mediator can unite the parties and encourage them to consider new ideas.
While each mediator has their style and adapts to the parties’ needs, mediation follows a common pattern when the parties debate how to approach the case. These steps are:
Mediator’s Opening:
The mediator will begin the session by asking the parties involved to hear about the process and introduce themselves. The mediator will give the parties an overview of the rest of the process, establish ground rules such as confidentiality, and provide any further information that the parties may need, such as any conflict of interest.
Party Opening:
During a party’s opening, they will present their version of the facts that led to the case and why they think they should recover or not pay. This is the only time to fully lay out the issue with the other party and the mediator in the room, so it is important to fully present the facts and law that allows the case to move forward.
Caucuses:
After giving opening statements, many mediators will separate the parties to help get a better understanding of the case from each side. This allows the parties to speak freely with the mediator about what they need or want from the settlement agreement.
Negotiation:
Once the parties are separated, they will likely begin the negotiation process. One party will present an offer, and the other party will counter. The parties will continue trading offers back and forth and discussing creative ways to settle the dispute.
Agreement:
The parties will either have a signed mediation agreement or agree to leave without a settlement agreement. Many cases are settled before trial, and even if mediation does not result in a settlement, it may increase the chances the case will be settled later.
Mediation allows the parties to get creative and work collaboratively to resolve their dispute. Personal injury mediation allows the parties to feel like their needs are met.
Depositions and Mediations Within the Process
A typical personal injury case involves depositions and mediations. While each case has its process, it usually follows a set pattern.
- Attorney: A personal injury case typically begins when the injured party finds and secures a personal injury attorney.
- Investigation: The attorney will often investigate the incident and obtain any additional information before the case officially begins.
- File: After investigating the injured party, they often send a demand letter requesting relief. If this is not answered, the personal injury case will be filed.
- Discovery (Depositions): The parties will then proceed with the discovery period, where they continue to gather and evaluate evidence of the injury and the possible defenses. This is where depositions fit in with the process.
- Negotiation/Mediation: After discovery, the parties may want to discuss the settlement timeline, especially if one side senses that their case may not be strong. This is where mediation fits into the process.
- Trial: If the settlement process is completed, the parties will continue with trial and appeals if necessary.
Conclusion
Mediation will often occur shortly after discovery and depositions, although there is usually no specific settlement timeline. Discovery allows the parties to evaluate their case and decide where to settle. Depositions and mediation are powerful tools for personal injury cases, and when used effectively, they can shape the case’s outcome.
Contact ADR Times to learn more about the mediation process, how long after a deposition is arbitration, the arbitration process, and more!
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