Legal Question in Personal Injury in California
Ca state personal injury law-
what are specifics of mitigation v. trial? Does mitigation waive right to trial?
2 Answers from Attorneys
I am presuming you mean mediation, not mitigation. Mediation is a non binding proceeding and is a good thing to try to attempt to settle your case without the costs and uncertainties of trial. If you are not pleased with the offer at mediation, you can always go to trial.
In mediation, the parties select someone who currently is not a judge and have that person try to help the parties to settle the case. Everyone meets together, the parties state their view of the case, each goes into a separate room, and the mediator goes from one group to the other to see what they are willing to offer/accept to settle the case, sometimes pointing out what the other side has said or the mediator's experience in that issue. The range for settling the matter gets smaller, and most of the time a settlement figure is reached.
Be sure to find out what the mediator charges, as some retired judges will charge $500 per hour, along with a set up fee, etc.