Whether mediation is legally binding in a personal injury case depends on what happens during the mediation and how the parties document the agreement. If you are going to mediate your case, working with a Long Island personal injury lawyer is the best way to protect your rights and ensure you understand the implications of your agreement.
Mediation is often faster, less expensive, and less adversarial than litigation. This could be a good alternative if you were hurt in a crash on the Long Island Expressway, fell in a restaurant in Nassau County, or suffered injuries as a result of being attacked by a neighbor’s dog in Suffolk County. Some courts require you to try mediation before putting your case on the trial docket.
- Understanding the Purpose of Mediation
- Is Mediation Mandatory in New York Personal Injury Cases?
- When Is Mediation Legally Binding?
- What Happens If You Change Your Mind After Mediation?
- What Should I Do if I Am Going to Mediate My Personal Injury Case?
- Talk to Our Personal Injury Team About Your Case
Understanding the Purpose of Mediation
Mediation is a type of alternative dispute resolution (ADR) that asks a neutral third party, called a mediator, to help solve a legal dispute by working out an agreeable settlement between the parties. This process is meant to be non-adversarial and encourage communication and compromise with help from a trained and experienced mediator.
The mediator does not make decisions or issue rulings. Instead, they facilitate the conversation and work to help the parties find common ground.
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Is Mediation Mandatory in New York Personal Injury Cases?
Some courts require or strongly encourage mediation as a part of their usual pretrial process. The New York State Unified Court System offers mediation services at low or no cost in many kinds of cases, including civil cases. However, even when court-ordered, mediation is not binding unless the parties reach and sign a written agreement.
When Is Mediation Legally Binding?
Mediation itself is not legally binding. You will not be forced to accept an agreement unless you choose to do so. Reaching an agreement is entirely voluntary in mediation, even if the court requires that you attend.
A mediated settlement becomes legally binding when both sides agree to settle and sign a settlement agreement. New York uses contract law to enforce these agreements, (meaning, a mediated settlement agreement is actually a contract between the parties to the case,) and courts will generally uphold these agreements unless there is evidence of fraud, duress, or some other legal concern.
Additionally, under CPLR § 2104, any agreement the parties reach in open court is binding.
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What Happens If You Change Your Mind After Mediation?
Once both sides sign a settlement agreement, it is legally binding and enforceable. If you later change your mind, the other party could still ask the court to enforce the agreement you signed. This is why it is critical to ensure all parties completely understand what they are signing. Our attorneys will assist you in this matter.
Can a Mediation Agreement Be Challenged?
There are some circumstances when you should work with your attorney to challenge a mediation agreement. These circumstances are not common but could include:
- One party was coerced into signing the agreement
- One party was under duress at the time
- There was fraud or misrepresentation that led to the agreement
- One party lacked the legal capacity to make the decision on their own
- The agreement was unconscionable or grossly unfair
Most courts encourage mediation and other types of settlements to reduce adversarial litigation and the burden on the court system. However, if one party is not being treated justly through the mediation or negotiation process, they might step in and throw out the agreement. This is a rare event, counter to the public policy that favors settlements and would therefore require extraordinarily strong evidence to show what happened to support the granting of such relief.
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What Should I Do if I Am Going to Mediate My Personal Injury Case?
If you plan to mediate your personal injury case or are required to go to mediation in your county, it is important to understand how the process works, know what you need to recover to pay for your current and future expenses, and have someone advocating for you who will ensure you have the knowledge to make sound decisions.
There are several things to remember before you consider mediation:
Understand the Value of Your Personal Injury Case
You do not want to go into negotiations or mediation without a strong understanding of your injuries, prognosis, expenses, and losses. This is often difficult to determine without professional assistance, especially when it comes to future care costs or compensating for intangible losses like pain and suffering.
Do Not Sign Any Agreement Without a Lawyer’s Review
Once you sign a mediation agreement, it becomes legally binding. You should always hire an lawyer to review any agreement before you sign it. They will have your best interests in mind and work to protect your rights.
Ensure Your Agreement Is in Writing
You want to ensure your agreement is recorded just as agreed and that both you and the other party sign the contract. This is the only way to ensure it stands up in court if the other party tries to challenge it later.
Work With a Lawyer
A Long Island personal injury attorney will advise you during mediation, ensure your rights remain protected, and make sure the agreement is legally sound. We will manage negotiations for you and refuse to accept an offer that does not appropriately compensate you for your injuries, costs, and losses. Our attorneys work based on contingency, so you spend nothing up front.
Talk to Our Personal Injury Team About Your Case
If you were hurt in an accident on Long Island or elsewhere in the New York metropolitan area and want to know if mediation is legally binding in personal injury cases, we are here for you. Our legal team is familiar with local courts, New York mediation practices, and insurance company tactics.
Friedman & Simon, L.L.P., provides free consultations for victims and their families. We have been serving the injured since 1991 and have recovered hundreds of millions of dollars for our injured clients. Learn how our personal injury attorneys will represent you in negotiations or mediation. Contact us today to get started.
Call or text (516) 932-0400 or complete a Free Case Evaluation form