Is It Better To Go To Trial or Mediation?

As we have seen in other posts, not all legal cases are the same. Each legal strategy that the lawyers elaborate responds to the type of case, to its seriousness, to the circumstances and to the level of responsibility of the guilty parties, thus seeking to compensate the person or persons affected in a fair and adequate manner.

In many situations, the ideal is to take the case to court and seek a judge to make the final decision. When this happens, we talk about going to trial or trial, in English, a process that can sometimes be long and involve more work for your lawyer, but in the long run could result in compensation far greater than the counterpart initially offered, in exchange for not going to court. There are other cases in which it may be more convenient to reach an out-of-court settlement, that is, outside the court, what is called settlement,in English. In any case, the ideal is to make the decision on which road should be chosen under the advice of an expert. In this post we will explain the main differences between these two types of solutions for legal matters. We hope it helps!


Why are we going to trial?

The attorneys at Morgan & Morgan, specialists in accidents, injuries, labor laws and all types of personal injuries, usually prefer to bring cases to trial, and we encourage our clients not to let their guard down during the process, since results could be immensely better.

When the compensation is decreed by a jury, the amount of money that the victim or affected party will receive could be much greater than what is usually negotiated outside the court. In fact, this is the main reason why many insurance companies will try to close a deal with you “from the outside”, offering sums of money that could be attractive, in exchange for not going to court. They know that going to court will almost certainly mean paying a lot more money than they offer in the first place. They also know that a trial can take more time, months, sometimes years… and that is why they will try to tempt you. Therefore, if after an accident or injury you receive an offer of money immediately in exchange for not going to trial, It is best to consult with a lawyer before signing any document. The difference could be huge!

The results of a trial are also public domain, that is, everything that was said and what was decided is recorded, and the authorities will make sure that the verdict is carried out. If the person in charge fails to fulfill his obligation and fails to comply with what was decided in a court, he will be getting into a bigger problem and the authorities will not hesitate to take corrective measures.


When should it be arranged outside the court?

In some cases, the plaintiff and the lawyer may find it more convenient to close the deal with the other party through an out-of-court settlement or settlement. Sometimes, there are more cards on the table, which you and your legal advisor will have to discuss in order to arrive at a decision and prepare a strategy for you.

It is possible that the time and effort that the trial requires is not justified with the compensation you could get, and that the initial offer of your counterparty is reasonable or negotiable without going to court. Another reason not to try to take the case to court might be the fact that the trial is part of the public domain, and in some cases the plaintiff may prefer to keep the matter out of the reach of public opinion and the media, protecting his privacy and that of his family. The emotional exhaustion of a trial can also be an important factor in some sensitive cases, such as those involving the loss of loved ones or other traumatic experiences that the plaintiff will prefer not to relive again and again before a jury.