Mediation in Personal Injury Cases: What to Expect

Mediation is a form of alternative dispute resolution where a neutral third party helps the plaintiff and defendant negotiate a settlement. Many personal injury cases go through mediation before trial, and it is often required by the court.

How Mediation Works

Both parties and their attorneys meet with a mediator, who is typically a retired judge or experienced attorney. The mediator facilitates negotiations by meeting with each side separately and conveying offers and counteroffers. The mediator does not make a decision but helps the parties find common ground.

What to Expect

Mediation typically lasts 4 to 8 hours. Each side presents their case to the mediator. The mediator meets privately with each side to discuss strengths and weaknesses. Offers and counteroffers are exchanged through the mediator. If an agreement is reached, it is put in writing and signed.

Advantages of Mediation

Faster and less expensive than trial. Both parties have more control over the outcome. Confidential proceedings. Higher settlement rates with approximately 70 to 80 percent of mediations resulting in settlement.

Tips for Success

Be prepared with all documentation and evidence. Know your bottom line before mediation begins. Be willing to compromise. Listen to the mediator's assessment of your case. Be patient as the process takes time.

Conclusion

Mediation is an effective way to resolve personal injury cases without the expense and uncertainty of trial.

Use our free settlement calculator to estimate what your case might be worth.