Are You a Defendant? Here’s How Mediation Is One Of Your Best Options

defendant mediation

Are You a Defendant? Here’s How Mediation Is One Of Your Best Options

Mediation for defendants in Massachusetts is a masterful option in a number of legal situations. In cases related to medical malpractice, personal injury, workers’ compensation, product liability, or premises liability, defendants often have most to gain if both parties agree to use the mediation process to resolve their dispute.

Litigation for Defendants Can Be Expensive

Defendant mediation in Massachusetts is usually a far more affordable process than litigation. The injured victim, whether in a personal injury, medical malpractice, or product liability lawsuit will typically work on a contingency fee basis with their lawyer. This means, the victim (the plaintiff) will not have to pay any fee to their lawyer unless they recover compensation.  

A defendant, on the other hand, will usually have to pay an hourly rate to their attorney, which can end up as a substantial out-of-pocket amount, considering how time consuming these lawsuits can be. Apart from the attorney fee, other litigation expenses may include court costs, expert witness charges, and travel or other overheads.

Nobody Can Predict the Trial Outcome 

It is often a better option to choose an experienced Massachusetts mediation attorney and negotiate a reasonable settlement rather than count on the court to rule in your favor as a defendant. Jury trials can be extremely unpredictable. You never know when a jury might award much larger damages to the plaintiff than what they may have initially accepted through a settlement with you.

There is no way to predict in advance whether what you are counting on as a crucial piece of evidence gets excluded by the judge.

On the other hand, with mediation for defendants in Massachusetts, you, along with the other party, will have negotiated control over how much you must pay out.

Trial and Appeals Process Will Test Your Patience

After a plaintiff has filed a lawsuit against you in a civil case, a trial may commence only after a year or more in many cases. Even if you win at the trial as a defendant, the plaintiff can prolong your stress and uncertainty by choosing to appeal the outcome. 

On the other hand, when you choose the path of defendant mediation in Massachusetts, you will be able to put the matter behind you once and for all when the settlement agreement is finalized. Settlements cannot be appealed against.

Mediation Is Confidential, Litigation Is Not

 In personal injury cases, the trial details become a matter of public record. While a judge may order the records sealed, in the vast majority of circumstances, the details of the trial will be public record. In other words, any damaging evidence against you, adverse witness testimonies, and everything else that the plaintiff has used to show you in as bad light as possible, will be accessible to the public at large. 

On the other hand, if you settle your personal injury case with the support of a skilled mediation attorney in Massachusetts, the mediation process will put you and the other party in full control of what issues are kept private and what remains for public access, including the terms of your settlement.

In a mediated settlement, you also do not have to admit liability as a defendant. This is an additional benefit if you are worried about having a public record of your negligent behavior or intentional wrongdoing.

Choose the Boston Mediation Attorneys at Shapiro Mediation Services

Backed by extensive legal knowledge and experience, Shapiro Mediation Services works to avoid the expense, delay, and uncertainty of a trial. Our team, headed by attorney Anna Shapiro, Esq. focuses on efficiently handling the legal needs of the client. Call (339) 298-7733 today to schedule a free consultation with one of our mediators at our Massachusetts or South Florida office, or contact us online.