What is the role of “mediation” in sports injury cases?

Mediation is a form of dispute resolution in which a neutral third party, called a mediator, assists opposing parties to reach a settlement. In Hawaii, mediation is often used to resolve sports injury cases. In mediation, the mediator helps the parties work together to reach a settlement. The mediator listens to both sides to gain a better understanding of the dispute. The mediator then works with the parties to evaluate their options for resolution, suggest potential solutions, and narrow down the issues to be resolved. Mediation is a less costly and less time-consuming process than litigation for sports injury cases. Since the mediator does not take sides or impose a decision, there is often less pressure on the parties, increasing the likelihood of a successful agreement. Mediation can also be useful in sports injury cases in which some uncertainty exists. It allows the parties to explore the various theories of liability and damages, and to better understand the interests of each side. For example, a mediator can help the parties discuss settlement options that involve reduced or delayed payment of damages, alternative dispute resolution, or a combination of both. By allowing the parties to negotiate terms outside of court, mediation can result in quicker resolution and lower legal costs. For these reasons, mediation is often a preferred option in sports injury cases in Hawaii.

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