How Our Firm Can Assist You with an Alternative to a Jury Trial as a Result of the Covid Pandemic

Published January 7th, 2021 by Claim Help Lawyers

You are battling with your insurance company regarding damage to your property due to a storm, fire, water damage, loss of use. When you hire a property damage attorney who is experienced in this area of law, like the Knoerr Law Group, we are able to utilize alternative resolutions in light of COVID-19 causing trials not to exist. 

Mediation is a way to get around this halt on the trial systems. Mediation is a way to resolve your claim with a neutral third-party to assist in reaching a resolution on your case where you have control of your outcome with the assistance of an attorney on your side. Mediation is one of the best trial alternatives. Read on to learn how mediation works and why you should consider this option.

What is Neutral Third-Party Mediation?

Third-party mediation takes place when a person who is certified as a mediator through the Supreme Court of Florida acts as a neutral intermediary to both parties to assist with an agreed upon negotiated settlement. The mediator reviews all information regarding the case and assists the parties in understanding the case from the other’s point of view and facilitates the path toward reaching an agreement. The mediator does not, and cannot, give legal advice and does not decide which party is right or wrong, yet is a great means to a resolution for everyone.

In Florida, it is standard practice for civil disputes to be set for mediation at some point during litigation. In fact, insurance policies have a requirement for your insurance company to offer you the mediation process through the state, when you file a claim.  Further, in litigation the court system will require a mediation or alternative dispute resolution prior to a trial.  

The cost for mediation is normally shared equally by both parties. 

Advantages of Using a Mediator

With many courts postponing civil trials for months or conducting hearings via Zoom, courts are backlogged. Criminal cases take priority, which means you may be waiting months, or years, for your case to be set for trial. That alone is a valid reason for taking the mediation route, but even without a pandemic, it has its advantages.

  • Mediation allows you to talk with an impartial party.
  • You are the one making a decision on the outcome, not a judge or jury.
  • Mediation is confidential communication and cannot be repeated without a court order, so the parties are able to speak freely.
  • The mediator provides guidance in overcoming communication problems with the other party.

If you have an insurance claim and it is being delayed, denied or underpaid, hire a property damage attorney about reaching a resolution through mediation.

Is Mediation Enforceable?

When you reach an agreement in mediation, the settlement is put into writing and signed by both parties and their attorneys. This agreement is a legally binding contract that is enforceable in court. If either party does not comply with the terms of this agreement, the other party may take legal action against them.

Reaching Resolution

If your business or home has suffered damages caused by a water loss, fire, vandalism or a storm, and you have insurance, we can help. The Knoerr Law Group has been handling first-party property damage claims for more than 45 years and we have the experience and knowledge to help you obtain a settlement.

Whether you desire a trial or want to reach a resolution through mediation, contact us today at (954) 749-3151 to schedule a consultation.

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