What Car Crash Victims Should Know About Mediation

lifting mediator block off other two blocks When two sides are struggling to come to an agreement, it is often helpful to bring in a third party who is trained to resolve similar disputes. One method for doing this is called mediation, and it may help you resolve your dispute with the insurance company about compensation for a car crash.

There are several things you should know about mediation, including when you may be able to use it and the process involved. If you are having a dispute with the insurance company about damages for your car crash injuries, give Schmidt Kramer a call today to learn how we may be able to assist you.

There are no upfront fees and we do not get paid unless we win your case.

Can You Initiate Mediation?

You can ask the insurance company to participate in mediation to resolve the situation, but they must agree to it. However, if your lawyer files a lawsuit, the court may require both sides to attend mediation before a trial can begin.

There are pros and cons to mediation, just as there are pros and cons to filing a lawsuit and going to court. It is important to discuss the situation in detail with a licensed Harrisburg auto accident attorney who has a successful track record negotiating car insurance claims.

The Mediation Process

If both sides agree to mediation, or mediation is ordered by the court, a date will be set, and you and your attorney can start preparing. The mediator is typically someone with experience in legal disputes, such as a lawyer or insurance claims adjuster. Regardless of the mediator’s background, he or she is supposed to be unbiased.

Mediation begins with the mediator reviewing the limits of this form of dispute resolution. For example, nothing either side says can be admitted into court. That way both sides feel free to discuss the situation without concern about how it may be used against them later.

Both sides will also review the rules of the process and sign a document stating they have been informed of the rules.

The next step is for the one filing the claim to explain their view of the case – what happened, why the other party is at fault, etc. You can have your lawyer do this, as he or she has experience resolving cases and knows how to present a strong argument.

After the plaintiff’s side presents its view of the case, the other side is given a chance to explain its perspective on the case. For example, the insurance company may explain why it has denied your claim or why it is worth less than you are claiming.

Once both sides present their view of the case, there may be back-and-forth discussion, or the mediator may separate both sides and speak to them one-on-one. The mediator will likely be looking for some give and take from both sides to try to come up with a settlement both sides can agree on. It is the mediator’s job to figure out the barriers to a resolution and try to break those down.

Should You Use Mediation?

It is important to note mediators do not have the authority to enforce an agreement. Mediators do not have the authority to force the insurance company to agree to your demands, or vice versa.

That means you should not go through with mediation unless you have good reason to believe the other side wants to resolve the claim. If the insurance company does not want to resolve the claim, the whole exercise may be a waste of time.

That is why you should strongly consider finding an experienced attorney to discuss your claim with. The experienced lawyers at Schmidt Kramer know how to determine when alternative dispute resolution, such as arbitration or mediation, may be a viable option. Our goal is to get you the maximum compensation as quickly and efficiently as possible.

One of the advantages of mediation is you are not leaving the case in the hands of a jury. However, sometimes juries may be very sympathetic to your case.

Call Today with Your Legal Questions

At Schmidt Kramer, we do not charge our clients upfront fees. There are no fees to discuss your potential case and no fees while working on your case. We do not get paid until the end of the legal process, provided we win your case.

There is no risk in giving us a call to discuss your situation and find out what we may be able to do for you. Our experienced attorneys have helped many car crash victims obtain compensation.

Schmidt Kramer. Millions Recovered. Call (717) 727-1403.

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Testimonials

Dear Scott,
Hello there! I’m a little late to the game here, but I wanted to be certain I wrote to you. Oops—sorry for the typo! As you’ve probably gathered, I am writing you from a typewriter. Do you still use these in the office? Back on topic, I wanted to take a moment to express my deep gratitude for your guidance and support throughout the entire legal process for my accident. Can you believe it’s been five years?? Your attention to detail, professionalism, and delicate handling of my case made an incredibly difficult time more manageable for me and my family. We’re forever grateful.
From the moment you stepped foot in that hospital room with me, I felt relieved to have someone in my corner like you and your team. You took the time not only to explain each legal step in a way that made sense but also to acknowledge the emotional weight of what I was going through. That delicate balance—handling the intricacies of my case with precision while also being sensitive to my well-being—is something I will always be grateful for. In many ways, the outcome of the case reflected your dedication, but what has stayed with me even more is how you treated me throughout the process—with patience, respect, and compassion. You listened to my concerns and reassured me in moments of uncertainty. And even now, I feel your compassion each year on my birthday when I receive a text from you!
Thank you, not just for the outcome, but for the way you handled each moment. You are an incredible lawyer, but more importantly, an incredible person, and I was fortunate to have you in my corner.
With heartfelt gratitude,
Ricky D
Definitely were people of their word. Certainly helped me through my whole case
The legal team was very professional and met my needs I would highly recommend them
Monte cargile
Very great experience working with you guys continue the great service timely response communication well understand
jackie duffus
Schmidt Kramer is simply definition of hardworking, they are trustworthy and get best claim you could never think of.

When is Mediation Used to Resolve a Car Insurance Claim?

Can You Initiate Mediation?

The Mediation Process

Should You Use Mediation?

Call Today with Your Legal Questions