Not every personal injury claim follows the same process. Some cases go to trial, while others are settled at mediation. The purpose of mediation is to attempt to negotiate with the opposing party before having to take a civil case to trial. Mediation will occur at one of our law offices, the opposing party’s law office, or at a neutral location such as a Court Reporter or hotel.
At a mediation, a neutral, third-party mediator will start by giving introductory remarks and explain the process, as well as the rules to follow. Your lawyer will make the opening statement on your behalf, and the defence will then make their opening statement. You may decide that you want to provide a brief statement about how your injuries have impacted your life.
After the opening statements, you will enter another room, and the opposing party will go into a separate room. The mediator will visit each party and receive offers and counter offers until an agreement can potentially be reached. Depending on the facts of your case, the mediation process for a personal injury claim in Barrie can last from half a day to a full day, and lunch and refreshments will be provided to you.
If your case does not settle at mediation, it will go to the next step, which is called ‘Pre-Trial.’ The mediator will also remind both parties about the risks associated with going to trial.
If your case does settle at mediation, documents will be signed releasing the opposing party of the claim, and a settlement agreement will also be completed and signed by all parties. The cheque for settlement will normally be sent to your lawyer within 30 to 60 days.