What is Mediation and Why is it Required in South Carolina Personal Injury Cases?
In South Carolina, mediation is required for nearly all lawsuits filed in the Circuit Court with a few exceptions. Mediation is a form of alternative dispute resolution that takes place before the trial of a case. Attorneys for the plaintiff and defendant will generally agree on a third attorney who is not involved in the case to serve as the mediator. Mediators provide an outside perspective from a neutral person to both parties. Each party can tell the mediator things in confidence, meaning the mediator cannot tell the other party that information. The mediation itself is confidential as well, meaning that settlement offers and information exchanged at mediation cannot be brought up in court later.
When Does Mediation Occur in South Carolina Personal Injury Lawsuits?
Ideally, mediation occurs after discovery has been completed, meaning that both sides have had the opportunity to review all the evidence that will be presented at trial. Once the attorneys have reviewed the evidence, they will be able to discuss the strengths and weaknesses of the case with their clients to prepare them for mediation.
What Happens During a Personal Injury Mediation Session?
On the day of mediation, the parties will all meet and each side will give an opening statement before the mediation begins. Once mediation begins, the parties and their attorneys will go into separate rooms and the mediator will go back and forth between the two, having discussions with both parties and attempt to help the parties settle the case.
Key Benefits of Mediation for Personal Injury Victims in South Carolina
Control Over Your Case Outcome
Mediation allows both plaintiffs and defendants to control the outcome of their cases. If the parties reach an agreement at mediation, then a trial is no longer needed, and the parties will not have to incur additional expenses to prepare the case for trial and leave their fate up to a jury. Even if an agreement is not reached at mediation, hearing from the other side and a neutral third party before the trial can help set realistic expectations for everyone involved.
Faster Resolution Than Going to Trial
Mediation should generally take place some time in the first year after a case is filed, whereas getting to trial can often take multiple years. Unlike trials, mediation agreements also are not subject to appeals, which can add further delay to the plaintiff receiving their money. Mediation allows the parties an early opportunity to resolve the case, which means the plaintiff is assured they will receive their settlement in a reasonable amount of time.
How Mediation Saves Time and Money in Personal Injury Cases
If everyone comes to mediation ready to listen to the other side and make some compromises, mediation can save time, expense, and stress.
