Author Photo
Written by: J. Todd Tenge

Mediation | Personal Injury Claims

| Read Time: 2 minutes
Mediation | Personal Injury Claims
Mediation | Personal Injury Claims

When someone’s negligence causes a severe injury, the victim deserves compensation. Most assume that litigation is the primary avenue for victims to recover compensation for their injuries.

This assumption is wrong. In fact, the vast majority of personal injury cases filed nationwide are settled outside of court.

The settlement process often involves mediation in personal injury claims. This dynamic makes it essential for those seeking compensation for their injuries to understand what mediation is and how it usually plays out.

What Is Personal Injury Mediation?

Personal injury mediation is a process in which two parties negotiate the resolution of a dispute with the help of a neutral third party.

Mediation is often voluntary, though sometimes a court mandates mediation before allowing a case to go to trial.

The distinguishing factor of mediation is that it is non-binding. The mediator can not mandate that either party accept a particular outcome. As a result, both parties must work in good faith to find a solution.

Personal Injury Mediation Process

There is no set personal injury mediation process. Some mediators operate differently and have unique strategies to get parties to agree. However, there are specific strategies that most mediators utilize.

First, mediators introduce themselves and the parties to each other. After introductions, all parties usually sign a confidentiality agreement, so everyone can speak freely.

Next, the parties should make an opening statement outlining their initial negotiating positions. An expertly crafted opening statement that confidently presents a strong case for compensation can be the difference between a successful mediation and a failed one.

Once the parties state their positions, they are often separated. The mediator will facilitate communication between the parties and keep them focused on an agreeable resolution.

Broadly speaking, there are only two possible outcomes to the process after this. Either the parties agree, or one party walks away from the mediation.

Advantages of Personal Injury Mediation

There are several advantages to pursuing an agreement through personal injury mediation. The benefits include the following:

  • Mediation is non-binding,
  • Mediation is less expensive than going to trial, 
  • There is little risk to engaging in a mediation process,
  • Litigation remains an option,
  • Victims can recover damages quicker if mediation is successful, and
  • Mediation is often confidential.

These advantages are the main reason mediation is commonly used as a dispute resolution tool before trial.

Disadvantages of Personal Injury Mediation

Though personal injury mediation is usually a positive step, there are a few disadvantages. First, if the mediation is unsuccessful, the process can feel like a waste of time and money.

Further, if the parties don’t sign a confidentiality agreement, whatever is said in the mediation can be made public.

How the Tenge Law Firm LLC Can Help

An experienced personal injury attorney can significantly improve your odds of a successful mediation.

At the Tenge Law Firm, we aim to get our clients the best possible results as quickly as possible.

We understand the responsibility that comes with representing our clients during what is often one of the worst times of their lives.

This understanding promotes our high success rate and customer satisfaction. Contact the Tenge Law Firm today so we can help you with your personal injury case.

  • Contact us now. *Required Fields