Chances are that two parties to a lawsuit will reach a settlement at some point during the legal process. The question is when a settlement occurs and how you get there. Some lawsuits may be easier to settle than others. There are instances in which the differences between the two parties’ positions is not too large, and those are the easier cases to settle. In other cases, there may be a wide gulf between the litigation positions, making it more likely that those lawsuits can go to trial. When lawsuits are more difficult to settle, the parties may engage in mediation (either on their own accord or as part of a judge’s direction) to see whether they can reach an agreement.
Mediation is a term for settlement negotiations that are assisted by a third-party neutral. Whether it is because tensions are high or you need to build confidence in negotiations, you may need help from someone who has specific experience in this area. In many cases, it makes sense to explore mediation as an alternative to going to trial because it may be in your interest to settle the case if it is possible.
Before you engage in mediation, you need to understand both its role in your case and how the process may unfold. An experienced personal injury attorney can explain the litigation process and how mediation may work in your case. Many personal injury lawyers will at least make an attempt to have your case mediated before it goes to trial if the defendant is willing to do so. You need the help of an experienced personal injury attorney who knows how to effectively use alternative dispute resolution to help you get the best possible result in your case.
Personal Injury Trials Are Very Rare
Even if you are forced to file a personal injury lawsuit in court because you cannot informally settle your claim, it is still extremely rare for your case to go to trial. The vast majority of personal injury cases will settle at some point in the litigation process before the matter reaches a jury. The question is how much work you will need to put in to reach that point and when it will happen.
There are some cases in which the defendant may have a motivation to settle quickly and make your matter go away as soon as possible. Here, the defendant may realize that they have a large amount of potential liability, and they are more pressed to offer you a reasonable settlement. In other cases, the defendant may take more of a “wait and see” approach to your case, making you gather additional evidence before they are more willing to make you a reasonable settlement offer.
In either event, there is a high likelihood that you will have settlement negotiations at multiple points in the lawsuit process. The negotiations may heat up at the conclusion of discovery when the defendant begins to understand the strength of the case that you have built. Then, the question is how much help you will need to reach the point of a settlement agreement. Each party may be locked into its own position, and you both may need some assistance to break any logjams or deadlocks in the negotiations. The mediator will calibrate their efforts to your situation in an attempt to help you reach an agreement with the other party.
What Is Mediation in a Personal Injury Case?
Mediation is a form of alternative dispute resolution (ADR) commonly used in personal injury cases to help both parties reach a settlement without going to trial. It is a voluntary and confidential process where an impartial third party—called a mediator—helps facilitate negotiations between the injured party (plaintiff) and the defendant (usually an insurance company or other liable party).
Unlike a judge or jury, the mediator does not make decisions or issue rulings. Instead, their role is to guide the conversation, identify areas of agreement and disagreement, and help the parties explore potential solutions. Mediation is non-binding, meaning neither side is forced to accept a settlement unless both agree to it.
Mediation typically takes place in a neutral location and often occurs after some discovery has taken place but before a trial begins. Each side presents their version of events and supporting evidence in a less formal setting than a courtroom. The mediator may meet with each side separately (in private “caucuses”) to discuss options and settlement ranges.
The mediator is a trained professional whose job it is to facilitate compromise. Although they are not successful 100 percent of the time, they know how to make each party feel like they are being heard. The mediator also understands how to potentially bridge gaps in each side’s position. The mediator may begin with areas where it is easier to bring the parties together to build trust before proceeding to more difficult areas.
One of the reasons why it is almost always worthwhile to attempt mediation is that the process is flexible. Much depends on the individual mediator involved in your case and the procedures that you and the defendant discuss. The mediator may recommend a set of procedures because, in their judgment, they will lead to the highest possible chances of settling your case.
When Does Mediation Occur in a Personal Injury Case?
Mediation can be voluntary in your personal injury case. Both you and the defendant may decide that it is in your best interest to try to talk in more depth about a settlement agreement because you would each have your own risks if the case goes to trial. You may find that it certainly does not hurt to leave no stone unturned in your efforts to reach a settlement agreement. Mediation is one way to get there because you will receive extra help.
In some cases, a judge may also order the two parties to receive mediation in the dispute. The judge may review the record and take the opinion that the case can and should be settled without the need for a trial. If the case does go to trial, it will take up court resources. You certainly have the right to your day in court, but you will also need to listen if the judge orders you and the defendant into mediation.
Mediation can occur at any point in the personal injury litigation process. You and the defendant have the freedom to seek mediation at any time, especially if you think that a settlement agreement can be close.
Is Mediation Successful in a Personal Injury Case?
Yes, mediation is often highly successful in personal injury cases. In fact, the majority of personal injury claims are resolved through settlements, and mediation is a commonly used method to achieve that outcome. It offers a structured yet informal setting where both parties—typically the injured person and the insurance company—can work toward a mutually agreeable resolution without the time, cost, and uncertainty of a trial.
Mediation is particularly effective because it allows for open communication guided by a neutral mediator trained in conflict resolution. The mediator helps both sides understand the strengths and weaknesses of their positions and encourages compromise. While no one is forced to accept a settlement, the collaborative nature of mediation often leads to creative solutions and agreements that wouldn’t be possible in court.
One key reason for its success is that both parties retain control over the outcome. Unlike a trial, where a judge or jury imposes a decision, mediation empowers the parties to shape their own agreement. This often results in more satisfactory outcomes for both sides.
Additionally, mediation can be scheduled much sooner than a court date, allowing injured individuals to receive compensation faster. It also minimizes the emotional stress of testifying in court and the financial burden of prolonged litigation.
However, the success of mediation depends on factors like the willingness of both parties to negotiate in good faith and the strength of the evidence presented. With a skilled personal injury attorney advocating on your behalf, mediation can be a powerful tool for resolving disputes and securing fair compensation.
What Can Cause Mediation to Fail in a Personal Injury Case?
Mediation in a personal injury case can fail for several reasons, often stemming from disagreements over the value of the claim or communication breakdowns between the parties. One common cause is unrealistic expectations—either the injured party demands more compensation than the insurer believes is warranted, or the insurer offers a settlement that’s too low to be considered reasonable. If either side refuses to compromise, mediation may stall.
Another factor is insufficient evidence or preparation. If the plaintiff has not provided enough medical documentation or proof of liability, the defense may be unwilling to negotiate in good faith. Similarly, a lack of authority to settle—when an insurance representative doesn’t have the power to approve a final agreement—can derail the process.
Emotional factors also play a role. If a party is too emotionally invested or hostile, it can cloud judgment and prevent resolution. Lastly, complex legal issues—such as disputes over fault, pre-existing injuries, or policy exclusions—can make settlement more difficult without further litigation. While mediation is often successful, these obstacles highlight why having an experienced personal injury attorney is vital to handling the process and maximizing the chance of a favorable outcome.
The Role of Your Personal Injury Lawyer in Mediation
Mediation is a common step in resolving personal injury disputes without going to trial. In this process, a neutral third party—the mediator—helps the injured party and the iinsurance company or defendant negotiate a settlement. Your personal injury lawyer plays an important role in guiding and representing you throughout mediation.
First, your lawyer prepares your case by thoroughly reviewing the facts, evidence, and damages you have suffered. They evaluate the strengths and weaknesses of your claim and develop a clear strategy to present your position effectively during mediation.
During the mediation session, your lawyer advocates on your behalf. They communicate your interests, respond to offers, and negotiate terms to maximize your compensation. A skilled lawyer understands negotiation tactics and can anticipate arguments from the opposing side, ensuring you are not pressured into an unfair settlement.
Your attorney also explains the mediation process, helping you understand what to expect and the legal implications of any settlement offers. They ensure you make informed decisions and avoid pitfalls that can undermine your rights.
If the mediation results in a settlement agreement, your lawyer carefully reviews the terms to protect your interests before you sign anything. If mediation does not lead to a fair resolution, your lawyer prepares to take the case to trial if necessary.
Overall, your personal injury lawyer’s role in mediation is to provide knowledge, protection, and advocacy—helping you achieve the best possible outcome with confidence and peace of mind.
What Happens If Mediation Fails?
If mediation fails to resolve a personal injury dispute, the case typically proceeds to the next stage in the legal process, which is usually litigation. Mediation is a voluntary, informal process where a neutral mediator helps both sides negotiate a settlement. However, if the parties cannot agree on terms, the matter remains unresolved.
When mediation doesn’t result in a settlement, your case will usually move forward to discovery, where both sides exchange evidence and information. This phase is critical for building a strong case, as it allows your attorney to gather documents, depose witnesses, and identify key facts.
After discovery, the case may go to trial, where a judge or jury will hear arguments, review evidence, and decide the outcome. Trials can be lengthy, costly, and emotionally draining, so many parties prefer to settle earlier if possible.
Even if mediation fails initially, it’s possible to revisit settlement discussions later in the process—sometimes even during trial. Your attorney will continue to evaluate settlement offers versus the risks and benefits of continuing litigation.
You always have the power to walk away from mediation if it is not serving its purpose. However, you may not want to anger the judge who wants to see that.
