01/28/2020

What Is Mediation In a Personal Injury Case?

Brian Beckcom

Brian Beckcom

01/28/2020

Our law firm has guided thousands of clients through their personal injury lawsuits. Oftentimes, personal injury cases undergo a process called mediation. What is mediation? And how can the mediation process affect your personal injury case?

This is a great article to read if you’re approaching a mediation in one of your own cases or if you’d just like to learn more about what goes on in personal injury cases.

Don't have time to read an article? Watch our quick YouTube video where I explain everything you need to know about mediation in personal injury cases.

 

What Is Mediation?

Meditation is a semi-voluntary process in which the parties involved in a lawsuit get together and try to settle the case willingly.

During the mediation process, there will always be a “mediator”. This person is usually a former-judge or an attorney with a lot of experience in the type of case that is being mediated. The mediator acts as an impartial referee throughout the process.

What You Need to Know About Mediators

The mediator must be neutral. In other words, the mediator is not working for either party. Instead, the mediator’s main goal is to help the involved parties reach a settlement. Their job is to settle the case through the mediation process.

Mediators have an incentive to settle cases in this way. Thus, mediators routinely use various tactics and techniques to persuade parties to either pay more than they want to pay in settlement or to accept less than they would otherwise accept.

It is important to understand the mediation process and the role of the mediator. In fact, the success of your case may hinge on your performance during the mediation process. You should NEVER discuss any sensitive matters in front of the mediator about your case without checking with your attorney first.

Why Mediation Is Important

Mediation is a necessary process in most personal injury cases. There may be information that your lawyer can provide the mediator with that will be helpful when settling your case. That said, oftentimes, mediators try to get information out of clients and then use it, later on, to try to settle the case.

The mediation process can be complex and convoluted. It is important you communicate with your attorney so you can be best prepared to help your case and acquire a favorable settlement.