Your Guide to Mediation in Personal Injury Cases

If you’ve been involved in or followed a personal injury case, you’ve probably heard the word mediation.

Mediation is one of the most common ways to resolve personal injury disputes without stepping into a courtroom. But is mediation legally binding in personal injury cases? How does mediation work in a personal injury case? And is mediation better than going to trial?

This “personal injury mediation” text will answer these questions and more. Specifically, it’ll explain how mediation fits into the legal process, walk you through the personal injury mediation process, and discuss the pros and cons of mediation compared to taking your case to court.

Understanding the Role of Mediation in Injury Cases

Personal injury mediation is one form of alternative dispute resolution (ADR) where both parties in a legal personal injury case work with a neutral third party (called the mediator) to try to reach a settlement.

Mediation usually occurs after a lawsuit is filed but before the case goes to trial. Sometimes, courts require mediation to determine whether both parties can reach an agreement and save judicial resources.

A personal injury lawsuit mediation is like a mini-trial, as both parties come with their lawyers and present evidence and arguments. Importantly, any agreement reached becomes legally binding once both sides sign it.

Trial vs. Mediation: What Sets Them Apart?

Mediation and trial both aim to resolve disputes. However, there are big differences in terms of cost, time, stress, and control over outcomes.

Choosing the Right Mediator: Who Makes the Call?

In cases, both parties to the personal injury case (through their attorneys) work together to choose the mediator.

However, if the parties cannot reach an agreement, the court may intervene and appoint one from an approved roster. Also, if the case is already in litigation, a court may suggest or even appoint the mediator.

Important considerations when choosing a mediator include:

• Experience with personal injury cases
• Track record of helping disputing parties reach fair agreements
• Neutrality
• Communication style 
• Availability 
• Cost

A Step-by-Step Walkthrough of the Mediation Process—Personal Injury Case 

While mediation for personal injury lawsuit settlement is less formal than a jury trial, it is still structured and organized to allow both parties to make their case. Here’s how personal injury mediation works:

Step 1: Agreement to mediate

Both parties agree (or a court order forces them) to try mediation. And a mediator is mutually selected (or appointed by a court).

Step 2: Pre-mediation preparation

Both parties (through their attorneys) prepare their evidence. Next, they submit a confidential brief of the mediator, which outlines the facts of the case and key legal issues.

Step 3: Opening statements

On the mediation date, the mediator introduces each party, briefly explains the process, and then allows each side to give a short statement outlining their position. 

Step 4: Sharing evidence

Both parties will present their case and share evidence to justify their position.

Step 5: Private caucuses 

The mediator meets privately with each side in separate rooms. These private meetings are confidential and allow the mediator to explore each party’s goals and concerns.

Step 6: Evaluation of claims

The mediator will examine the evidence and analyze the strengths and weaknesses of each party’s case to determine who is likely to prevail in court.

Step 7: Negotiation rounds

The mediator carries offers and counteroffers between both parties, floats several settlement proposals, and offers insights and reality checks to help both sides evaluate their position toward progressing to an agreement.

Step 8: Settlement agreement

Once an agreement is reached, the mediator will put it in writing, and both parties will sign it. Once signed, it becomes a legally binding out-of-court settlement. If they cannot reach an agreement, they may reschedule another negotiation round or proceed to trial.

Why Mediation Might Be the Better Path for Injury Disputes

Mediation may be a better route to settling personal injury lawsuits for many reasons, including:

• It reduces legal costs.
• It offers faster resolution.
• It is not as emotionally draining as a trial.
• It gives each party some control over the outcome.
• Discussions and agreements are not accessible to the public.

Getting Ready for Mediation: What You Need to Do

When going for mediation in personal injury cases, consider the following tips: 

• Work with your lawyer to understand your case inside out.
• Submit a mediation brief to the mediator ahead of time.
• Bring supporting documents (such as medical records, bills, photos, witness statements, etc.).
• Know your bottom line (what you’re willing to accept).
• Be mentally ready to compromise, as mediation is about finding common ground.
• Dress formally, as mediation is still a legal process.
• Wear a poker face and do not react to the other side’s comments during negotiations (because doing so may make them think you’ll be a bad witness at trial, making them more confident about going to trial).

Your Next Move After Mediation: What Happens Now?

What happens after mediation in personal injury​ cases depends on whether or not an agreement is reached.

A mediation agreement brings closure. This helps both parties resolve the case without the stress and uncertainties of a trial, which ends with the defendants obligated to pay the petitioners the personal injury mediation settlement amounts. But even if mediation doesn’t end in a settlement, it can offer insights into the strengths and weaknesses of your case, giving you more confidence to enter further negotiations or even proceed to a trial.

Remember that solid legal representation is the foundation of success and worthwhile settlements in mediation for personal injury cases. This is where Royce Injury Attorneys comes in.