Attorneys often seek mediators to help resolve personal injury cases through alternative dispute resolution (ADR), as mediation can be a cost-effective and efficient way to settle disputes without going to trial. Here’s how they typically find mediators for these cases:
1. Professional Networks and Referrals
- Colleagues and Peers: Personal injury attorneys often rely on recommendations from other lawyers within their network who have had positive experiences with specific mediators. This is one of the most common methods as it provides trusted and proven referrals.
- Bar Associations: Many local and state bar associations maintain lists or directories of mediators, often organized by practice area, including personal injury. Attorneys may consult these resources for vetted professionals.
- Legal Associations: Specialty groups, such as the American Bar Association (ABA) or the Association of Trial Lawyers of America (ATLA), may also provide mediator directories or recommendations.
2. Mediation Services or Organizations
- Private Mediation Firms: Some law firms or mediation-specific organizations specialize in providing mediators for personal injury cases. Examples include JAMS (Judicial Arbitration and Mediation Services) and AAA (American Arbitration Association), which have panels of experienced mediators with expertise in personal injury.
- Court-Connected Mediation Programs: In some jurisdictions, courts offer lists of approved mediators for cases that require or recommend mediation, often including personal injury matters. Attorneys may select mediators from these rosters.
3. Online Mediation Directories
- Mediation-Specific Websites: Websites like Mediate.com and local online directories feature profiles of mediators by specialty, allowing attorneys to find mediators who focus on personal injury disputes.
- Legal Directories: Websites like Avvo, FindLaw, or Martindale-Hubbell have directories where attorneys can find mediators by practice area, location, and qualifications.
4. Evaluating Mediator Qualifications
When choosing a mediator for a personal injury case, attorneys look at:
- Experience: Mediators with a strong background in personal injury law, either as former personal injury lawyers or with significant experience mediating similar cases, are preferred.
- Reputation: Attorneys seek mediators with a reputation for fairness, neutrality, and the ability to effectively facilitate settlement discussions.
- Success Rate: Mediators who have a high settlement rate in personal injury cases are often preferred, as they increase the likelihood of resolving the case without trial.
5. Judicial Recommendations
- In some personal injury cases, particularly if mediation is court-mandated, judges may suggest specific mediators based on their knowledge of the mediator’s skills and experience in handling similar cases.
6. Personal Experience
- Attorneys who frequently handle personal injury cases often develop their own list of preferred mediators based on past experiences. Over time, they may repeatedly use mediators with whom they’ve had successful outcomes.
By leveraging these methods, attorneys can ensure they find mediators who are not only experienced but also suited to the nuances of personal injury cases.