Into The Light: Mediation in Personal Injury Cases

Successful mediation in personal injury cases can enable early negotiation of a compensation settlement, enabling the claimant to get on with their recovery without the prospect of lengthy litigation.  The expert litigation lawyers at ParrisWhittaker are experienced in successfully supporting injury claimants throughout the claims process.

In reality, it has not been commonly known that mediation can be used in injury claims to achieve an early settlement. Yet the well-known UK judge Lord Justice Jackson said years ago: “There is a widespread belief that mediation is not suitable for personal injury cases. This belief is incorrect. Mediation is capable of arriving at a reasonable outcome in many personal injury cases, and bringing satisfaction to the parties in the process.”

New rules

The new Supreme Court Rules here in The Bahamas now actively encourage the parties to proceedings to use any appropriate form of alternative dispute resolution (ADR) procedure – particularly mediation.

Rule 25.1 states that the court can, after proceedings have begun, urge the parties to use mediation or other ADR process if it considers it appropriate in the circumstances.  Furthermore, it specifically states: “The court shall at the first case management conference consider mediation either by agreement between the parties or by Court referral.”

When we are instructed by either party in personal injury cases, we make sure we discuss the issue of mediation; we explain what it is and how it can be advantageous. Importantly, our team enjoys access to skilled mediators experienced in injury cases, ranging from workplace accidents to road traffic accidents and boating accidents.

What is mediation?

Mediation is a process that takes place outside of the courtroom with an independent mediator. In injury cases, the mediator will usually be a specialist personal injury lawyer who helps both sides work through the areas in dispute and helps them try to reach a fair outcome.  The mediator is not a judge and the whole process is confidential.

Successful mediation offers a significant advantage – it can achieve a very early settlement, thus avoiding expensive and distressing litigation which can take years.  And it means that the claimant will get their money much more quickly.

Mediation also means the parties themselves are in control and neither side can be forced into anything. For instance, if the mediator thinks a settlement offer is reasonable and fair – you are not obliged to accept it.

If you do eventually negotiate a compensation award, the mediator will explain how it will then made legally binding, with a document signed by the parties.  This is important for all parties because it will mean neither side can change their minds once it has been made binding.

What if mediation fails?

If the mediation process breaks down or it does not achieve a resolution despite best efforts, it’s most likely we will advise you to commence legal proceedings in court.

For expert advice and representation, contact Jacy Whittaker from the expert litigation team at ParrisWhittaker here or telephone +1.242.352.6112