Personal injury cases, whether borne out of a car accident or slip and fall, can be long and difficult to resolve. To help expedite the settlement process, settlement facilitators are often brought onboard to help ensure that both the plaintiff and defendant come to an agreement. A settlement facilitator is usually a third-party neutral professional whose main role is to help the parties involved in the case come to a mutually beneficial resolution. In this article, we will discuss in detail the role of a settlement facilitator in a Maryland personal injury case.
Table of Contents
Understanding Settlement Facilitation
Settlement facilitation is an alternative dispute resolution process that is quite different from mediation. In mediation, the mediator works with the parties to come to a resolution, but a settlement facilitator works as a communicator between both parties to help them come to an agreement.
Typically, settlement facilitation happens when one or both parties feel like they can’t come to an agreement on their own. Settlement facilitators are often called in to help the parties come to an agreement that both sides can accept. Settlement facilitation is particularly useful in personal injury cases because it can help the parties avoid a long and costly court battle.
The Role Of A Settlement Facilitator
The role of a settlement facilitator in a Maryland personal injury case is multi-faceted. The settlement facilitator’s primary objective is to help both parties involved in the case come to an agreement. To achieve that goal, the facilitator carries out the following tasks:
1. Help Both Parties Identify And Prioritize Their Interests
In a personal injury case, it is essential to identify the parties’ interests and priorities. Helping both parties understand their priorities is the first step towards finding a mutually beneficial agreement. A settlement facilitator works to identify the parties’ interests and priorities and uses that information to guide them towards a resolution that meets all the parties’ needs.
2. Facilitate Communication
Oftentimes, one party may feel as if they aren’t being heard or their concerns aren’t being addressed. The settlement facilitator helps both parties communicate effectively, ensuring that they both have a chance to present their arguments. The facilitator’s task is to ensure that all voices are heard and that any misunderstandings are cleared up.
3. Keep The Parties Focused
Personal injury cases can be emotionally charged, and both parties may get sidetracked by unrelated issues. The settlement facilitator’s job is to keep the parties focused on the matter at hand and helping them to determine the issue’s root cause. This helps ensure that the resolution is a comprehensive one that resolves the problem instead of just addressing the symptoms.
4. Create A Safe Environment For Settlement Negotiations
In a personal injury case, it is essential that the parties feel secure and safe in the negotiations process. This can be challenging, considering the parties involved in the personal injury case may have had a contentious relationship before the case ever began. A settlement facilitator helps create a safe environment for negotiations so that both parties can feel comfortable and make informed decisions.
5. Help The Parties Reach A Settlement Agreement
The most crucial role of a settlement facilitator is to help the parties reach an agreement. The facilitator can help both parties draft a feasible agreement that works for both of them. This agreement is typically more extensive and more comprehensive than the agreements the parties would have reached on their own.
How A Settlement Facilitator Differs From A Mediator
The main difference between a settlement facilitator and a mediator is that the mediator will work towards creating a mutual settlement agreement, while a facilitator helps the parties identify their interests and navigate the settlement process. A mediator usually has more control over the agreement than a facilitator does.
Conclusion
In conclusion, a settlement facilitator plays an essential role in a personal injury case in Maryland. By identifying the parties’ interests, facilitating communication, and helping both parties reach a mutually beneficial agreement, the facilitator helps expedite the settlement process, saving both parties time and money. Overall, settlement facilitation helps to make the settlement process smoother and less stressful for everyone involved.