Why is Mediation a Part of Your Personal Injury Lawsuit?

Personal Injury

When you file a personal injury action or lawsuit, you may expect to have your “day in court.”  You may tremble at the thought of being subjected to cross examination. On the other hand, maybe you can’t wait to tell your side of the story to the judge and jury.

But do all personal injury cases go all the way to trial?


Many cases settle long before trial.

And the mediation process can be credited with helping cases to settle.

What is Mediation?

Mediation is one form of alternative dispute resolution (“ADR”) used by the courts to fulfill their duty to “provide speedy, efficient, and inexpensive resolution of disputes and prosecutions.”

It is a voluntary process that can be used to reach a settlement in virtually any personal injury lawsuit.

Mediations are informal meetings, typically between the plaintiff and an insurance adjustor, at a neutral location and with a neutral third party — often a retired judge. In most personal injury cases, the defendant himself/herself does not attend the mediation since the decision whether to settle (and for how much) lies with the insurance adjuster, not the defendant.

The purpose of the mediation is for both parties to attempt in good faith to resolve the case. Mediation can be a very helpful means of resolving cases and avoiding the time and expense of a trial.

Not all personal injury cases are appropriate for mediation, but for those that are, it can be a particularly useful means of settling a personal injury case.

What Happens at a Mediation?

As mentioned above, the typical mediation is informal. Mediations are not conducted in courtrooms. Rather, they may be held in a room within the courthouse, but most tend to be held in the offices of the mediator (i.e., the neutral third party), or one of the attorneys.

The process is a combination of joint and individual sessions. Many times, the mediator will start off explaining the process in a joint session. This may be followed by brief statements made by the representatives of each side explaining the facts and their theories of liability.

The parties are then separated into individual rooms. The mediator goes back and forth between the rooms carrying any settlement offers, and essentially pointing out the weaknesses of each party’s case in order to bring the differing sides closer to a resolution.

Mediation does not always work. But when it does, it can resolve a personal injury case far quicker and more cost-effectively than going to trial.

Personal Injury Attorneys in Cumming, Georgia.

The personal injury attorneys at the Law Offices of Mark Weinstein, P.C., are here to help you. We serve clients in Atlanta, and in several counties throughout Georgia, including: Clayton County, Cobb County, Dekalb County, Douglas County, Fulton County, and Paulding County, among others. To find out how we can help you, call us at: 770-888-7707. Or contact us here.

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