Shealey Law Firm is a personal injury mediation law firm. Let our experienced Columbia personal injury lawyers discuss personal injury mediation and how it works in South Carolina.

What Is Personal Injury Mediation in South Carolina?

Personal injury mediation in South Carolina is a facilitated settlement discussion.

Here’s what you should know.

• Mediation is an opportunity for the parties to discuss case settlement in a formal, guided setting. The process facilitates fair and productive discussions.
• Settling is not required. Settling the case at mediation is voluntary.
• The mediator is neutral. They’re there to facilitate discussions, but they don’t take sides.
• Statements made at mediation are not admissible in court.
• Your attorney may represent you at your mediation session.

How you prepare for mediation and how you participate can affect the outcome of the case.

Understanding Mediation in Personal Injury Cases

A personal injury case is a claim for monetary compensation. It is a legal dispute.

But that doesn’t mean that a trial is always necessary to resolve the dispute. Often, in fact, most of the time, the parties settle.

Mediation in a personal injury case is a formal process that facilitates settlement discussions.

How Does the Mediation Process Work in an SC Personal Injury Case?

The mediation process begins with selecting a mediator. Generally, the parties agree on the mediator. Mediators are trained and are certified by the South Carolina Board of Arbitrator and Mediator Certification.

The parties choose the time and place for mediation.

At the mediation session, the parties discuss possible non-trial resolutions to the case. For a personal injury claim, this typically means what the defendant will pay, how the payments will be made, any confidentiality agreement, and other terms of the settlement.

If the parties resolve, they finalize it in writing. If not, they report to the court that they have completed the required mediation session, and the case continues towards trial.

What is the Mediation Process?

The mediator starts the mediation session. There are general introductions, an explanation of the ground rules, and what to expect.

Then the mediator usually asks the plaintiff to explain their case and what they are seeking in compensation. The plaintiff may speak for themselves, but it’s common for the attorney to speak on their behalf.

Next, the defense has a chance to respond.

Sometimes, the parties will move to separate conference rooms while the mediator moves back and forth between rooms. They continue to negotiate.

If the parties reach an agreement, they’ll put it in writing. Each party will sign it. They will then formally submit it to the court for resolution.

Is Personal Injury Mediation Required in SC Personal Injury?

Mediation is required in most South Carolina personal injury cases. SC Court Rule 3 says that all civil actions filed in circuit court are subject to court-ordered mediation unless exempted. Most personal injury cases require mediation if they’re not resolved by agreement before mediation occurs.

Who Is Present at a Personal Injury Mediation Session?

Parties present at a personal injury mediation session usually include:

• The plaintiff (the injured person)
• Plaintiff’s attorney
• The defendant
• Defense attorney
• Mediator

Everyone necessary to resolve the case should be present. For example, if there are co-plaintiffs, they should both be present. The defense may have an insurance adjuster present, and other stakeholders may be available.

Generally, non-parties aren’t allowed, but sometimes, an emotional support person or assistant may be allowed in special circumstances.

What Are the Pros and Cons of Settling at Mediation?

Settling at mediation can be good because:

• You know exactly what you’ll receive for the case.
• You haven’t incurred trial costs yet.
• The parties have control over settlement details.

However, settling at mediation can be bad because:

• You may receive more at trial.
• You won’t have your day in court.
• Discovery may not be fully complete.

A personal injury mediation lawyer can help you determine if settling at mediation is the right thing to do.

What Happens If Mediation Fails in a South Carolina Personal Injury Case?

If mediation fails in a South Carolina personal injury case, the mediator reports back to the court that the mediation was completed but unsuccessful. Court proceedings will continue.

Mediation failing to result in a settlement doesn’t necessarily mean that the case won’t settle. Many cases resolve later. But the court process will continue towards trial.

Why You Need a Columbia Personal Injury Attorney for Personal Injury Mediation

Here are some reasons to have a Columbia, SC personal injury attorney for personal injury mediation:

• The defense is likely to have legal representation. Having your own lawyer gives you a level playing field.
• A lawyer can help make the mediation session effective.
• Your lawyer can speak on your behalf.
• They can tailor a proposed settlement to your best interests.
• A lawyer can answer your questions.
• They can ensure that the settlement is drafted to reflect your best interests.

Shealey Law Firm is a personal injury mediation attorney in Columbia, SC. We can represent you at any stage of your case, including during mediation.

Contact a Lawyer

Get help from a lawyer at Shealey Law Firm for personal injury mediation in Columbia, SC. We handle claims in the Richland County Civil Court of Common Pleas, other courts, and surrounding areas. Call or message us now.