Mediation in personal injury cases is a form of alternative dispute resolution that helps both sides work toward a fair settlement. In Tennessee, a negotiated mediation agreement is not legally binding unless both parties agree that it will be.
Once the agreement is written and signed, the mediator sends it to both parties and their Knoxville personal injury lawyer for review before it’s submitted to the court. When a judge approves it, the settlement becomes legally binding, and both sides must follow its terms.
You may be court-ordered to attend mediation before trial or agree voluntarily to avoid a lengthy legal process. Understanding how mediation works can help you prepare and protect your interests.
How the mediation process works in Tennessee
Mediation is overseen by a neutral third party certified by the State of Tennessee, often a retired judge or personal injury attorney familiar with state laws. The mediator doesn’t make rulings or control what evidence can be presented. Instead, they guide both sides toward compromise in a more relaxed setting than a civil court.
During a mediation session, each side presents its position. The plaintiff and defendant are typically placed in separate rooms while the mediator moves between them to discuss offers and counteroffers.
Some disputes are resolved in one meeting, while others take multiple sessions. If the two parties agree on a settlement, the terms are written and signed by both, making the mediation agreement legally binding once approved by the court.
Benefits and drawbacks of mediation
Mediation in personal injury cases allows both sides to retain more control over the outcome instead of relying on a court order or a jury’s verdict. It’s often faster, less expensive, and less stressful than going to trial.
Because mediation is flexible, parties can consider creative solutions that might not arise in court. But if your personal injury lawsuit has strong evidence and could result in punitive damages, mediation might not yield the same compensation. Most defendants won’t agree to pay punitive awards in a mediation agreement.
Your attorney can evaluate whether mediation is in your best interest and help you prepare for the process.
Legal advocacy improves your chances of successful mediation
If you are pursuing a personal injury claim and have been ordered to go through, or have suggested the mediation process as a way to resolve the dispute, you have the right to legal counsel to advise you. An attorney can help you focus on what you want to achieve most in the settlements, suggest things you may not have considered, and assist you in getting the best possible settlement.
The attorneys at Hotz & Associates can represent your interests in your personal injury case and help you secure the compensation you deserve. Contact us today for a free consultation by calling (865) 582-0042.