Role of Mediation in Virginia Pedestrian Accident Cases

Mediation, as it pertains to pedestrian accidents, refers to any type of out-of-court attempted resolution of the case. A neutral party, whether it be a company that provides such services or other entities to try, will review the pertinent information of the case and determine what they feel would be a fair resolution to a matter. That is the most common example of a mediation.

Driven pedestrian injury lawyers can use of mediation as they feel may be necessary to assist the resolution of their case. Often times, mediation is important because both attorneys are advocates. Getting a mediator involved, who does not have an interest in the case, may be important.

The role of mediation in Virginia pedestrian accident cases could be to help the parties see what the strengths and weaknesses of one’s claim. Mediators typically have some insight into what a fact-finder (a judge or a jury) may ultimately rule upon and they can help the parties reach a resolution in an efficient manner.

How is the Mediator Appointed in Pedestrian Injury Claims?

The mediator is typically selected by the parties, so the parties have an input into what their goals are for mediation. The parties may assess which mediator on the list would be a good fit for their particular case. For example, if the case is in Loudoun County, they may want to select a mediator who is familiar with judges and juries in Loudoun County and can provide some insight.

They may also want to consider the cost, experience, the type of case, and certain mediation groups that provide neutral case evaluators or mediators that are more experienced in some areas than others. For example, an individual would not necessarily want a retired federal judge to do a state case that involves the simple issues of state law and state facts because they would not have as much experience and vice versa.

Qualifying as a Mediator

There may not be any defined requirements for the role of mediation in Virginia pedestrian accident cases. If the parties agree to a mediator, there are certainly qualities that everyone is going to look for, i.e., individuals that are respected by both parties and have experience. In Virginia, these are typically retired judges, but they do not have to be. They could also be individuals who have professional training and experience in mediating complex legal issues.

Role of Mediation in Case Evaluations

Some jurisdictions require individuals to go through what is called neutral case evaluation, which means they are required to go to mediation before pursuing an adversarial resolution to the case.

Other jurisdictions do not require this. Typically, if there is mediation in a pedestrian case, it is because the parties have requested mediation and are moving forward with mediation on their own.

The parties typically select the mediator from a list of potential mediators. Mediators in Virginia pedestrian cases are typically retired circuit court judges because they have the most experience with these types of cases.