How Does Mediation Work in a Personal Injury Case?
Our attorneys have over seven
decades combined experience.
After depositions, most personal injury cases move into mediation, also known as a settlement conference. 92% of all cases settle during this conference, which means it’s important to understand how it works.
Every mediation is overseen by a trained mediator. This person is usually a former judge or an attorney, someone who can act as an impartial referee and who understands how to do effective dispute resolution work. The mediator is supposed to act as a neutral party. Their goal is to talk both sides into bringing the case to a resolution.
Getting Ready for Mediation
Prior to mediation, you’ll typically sit down with your personal injury attorney to go over the facts of the case. During this meeting, you’ll come up with a settlement range. That range represents the most your attorney thinks you could possibly get out of the case and the least your attorney feels you should be prepared to accept.
You’ll also get tips for how to conduct yourself during the mediation conference. For example, it’s a good time to discuss what you should and should not say in the mediator’s presence.
The Mediation Itself
During the mediation you, your attorney, the insurance claims adjustor, the other driver, and the insurance company lawyer will all initially be in one room with the mediator. Each side will present their case. This is known as the general session.
Pay close attention during the insurance company’s presentation. This is the same case the insurance company is likely to use if the matter goes to trial later.
After the general session the mediator will move you both into different rooms. The mediator will then travel back and forth between the two rooms to offer compromises and to share the other side’s point of view.
With any luck, the insurance company will eventually offer a settlement that’s within your pre-defined settlement range. The settlement will be written up and the case will come to a successful close.
What if mediation fails?
It happens. Sometimes the insurance company just isn’t going to want to negotiate, and when that happens if you have a strong case then we’ll go litigate your case in court. Meanwhile, the things you did and said in mediation can’t be discussed in front of the jury. The mediator is bound to keep everything said in the conference absolutely confidential.
In addition, a mediation failure does not mean that you’re necessarily going to be unable to come up with a settlement. A settlement may be offered and agreed upon clear up until the jury sends back a verdict. You can rest assured that your attorney will continue to try to negotiate with the insurance company to get the best settlement possible.
Were you injured in an accident? We can help. Contact us for a free consultation today.
See also:
How Does a Personal Injury Attorney Respond to a Low Settlement Offer?
What is the Timeline for a Personal Injury Lawsuit?
How to Increase the Value of Your Personal Injury Claim
Practice Areas
Practice Areas
After depositions, most personal injury cases move into mediation, also known as a settlement conference. 92% of all cases settle during this conference, which means it’s important to understand how it works.
Every mediation is overseen by a trained mediator. This person is usually a former judge or an attorney, someone who can act as an impartial referee and who understands how to do effective dispute resolution work. The mediator is supposed to act as a neutral party. Their goal is to talk both sides into bringing the case to a resolution.
Getting Ready for Mediation
Prior to mediation, you’ll typically sit down with your personal injury attorney to go over the facts of the case. During this meeting, you’ll come up with a settlement range. That range represents the most your attorney thinks you could possibly get out of the case and the least your attorney feels you should be prepared to accept.
You’ll also get tips for how to conduct yourself during the mediation conference. For example, it’s a good time to discuss what you should and should not say in the mediator’s presence.
The Mediation Itself
During the mediation you, your attorney, the insurance claims adjustor, the other driver, and the insurance company lawyer will all initially be in one room with the mediator. Each side will present their case. This is known as the general session.
Pay close attention during the insurance company’s presentation. This is the same case the insurance company is likely to use if the matter goes to trial later.
After the general session the mediator will move you both into different rooms. The mediator will then travel back and forth between the two rooms to offer compromises and to share the other side’s point of view.
With any luck, the insurance company will eventually offer a settlement that’s within your pre-defined settlement range. The settlement will be written up and the case will come to a successful close.
What if mediation fails?
It happens. Sometimes the insurance company just isn’t going to want to negotiate, and when that happens if you have a strong case then we’ll go litigate your case in court. Meanwhile, the things you did and said in mediation can’t be discussed in front of the jury. The mediator is bound to keep everything said in the conference absolutely confidential.
In addition, a mediation failure does not mean that you’re necessarily going to be unable to come up with a settlement. A settlement may be offered and agreed upon clear up until the jury sends back a verdict. You can rest assured that your attorney will continue to try to negotiate with the insurance company to get the best settlement possible.
Were you injured in an accident? We can help. Contact us for a free consultation today.
See also:
How Does a Personal Injury Attorney Respond to a Low Settlement Offer?
What is the Timeline for a Personal Injury Lawsuit?
How to Increase the Value of Your Personal Injury Claim