Will I Need to Go Through Mediation in My Injury Claim?

During your personal injury case, you may have the opportunity to participate in mediation. An attorney is a vital part of this process to protect your interests and help you physically and financially recover from a personal injury.

What is a Mediation Like?

Mediation is a meeting between those involved in a case to discuss a possible agreement or compromise. To protect the interests of both parties, an impartial mediator is present to hear the issue from both sides. Unlike a trial, the decision of the mediator remains negotiable until it is in writing. If a jury were to make a decision, it would be final and binding. 

There are private and public mediations. Despite the different names, the information in both meetings are confidential and kept from becoming public record. A public mediation involves a mediator selected by the state, while a private mediation is selectedat the cost of the defendant. 

Mediation is beneficial because it:
  • Saves time
  • Saves money
  • Is confidential
  • Protects the interests of both parties
  • Can prevent a case from becoming public

How Do I Prepare for Mediation?

Your attorney will prepare you for mediation well before the meeting time comes. However, here are a few things to consider before mediation.

1) Preparing What To Say in a Mediation

Your attorney knows the important points to cover during mediation. He or she also knows that what is said can help or hurt a claim, so they may develop a list of things to discuss. Preparing for the meeting is a good way for you and your personal injury attorney to discuss exactly what you want or need from your claim. It also is a good opportunity to anticipate questions from the opposing counsel. 

2) Preparing Your Appearance For a Mediation

A mediation is a formal occasion. Wearing appropriate business attire helps to show others that your claim is legitimate and needs to be taken seriously. This meeting can help or hurt your case, so it is vital to do everything you can to appear professional, including arriving on time and sticking to the points you and your attorney discussed. 

3) Preparing for Negotiations in a Mediation

Mediators are present at mediations for a reason. If you or the opposing parties start to become upset during the negotiations, express it to the mediator or your attorney. They will mention your concerns without turning the meeting into an argument. This is important because arguments rarely lead to productive outcomes, and in this case they can hurt your claim severely. 

What Happens After a Mediation?

Before signing any paperwork at the mediation, discuss the outcome with your attorney. Although the meeting is designed to be a compromise, you may not be getting what you need in the agreement. If you do reach an agreement, be sure to get it in writing. If it isn't written down, it may not be legally binding. An attorney will know to do these things in order to protect your interests.


Call 407.648.4940 or contact Coye Law Firm today for a free consultation about your case.

The expert injury attorneys at Coye Law Firm are experienced with Florida, New York, Michigan, and District of Columbia law and are here to help the injured.

If you'd like to learn more about injury law and your rights, read my book, Sharing the Secrets, Learning the Lies: A Guide to Florida Personal Injury

From this book you will learn… 

  1. The ONE THING you must do within 14 days of your accident (page 46)
  2. The two most important factors in determining case value (page 8)
  3. How to understand what your insurance will and will not cover (chapter 3)
  4. 6 critical steps you must take after an accident (chapter 7)
  5. Why you should not trust the insurance company’s repair shop (page 78)
  6. How to choose the right doctor (chapter 5)
  7. A claim you could make against your own insurance company if your car is damaged, but not totaled (page 87)
  8. The secrets to getting a fair settlement (chapter 10)
  9. An 8-step breakdown of the normal process for lawsuits (page 121)
  10. The one 4-letter word that might cost you (chapter 12)
  11. How to start gathering the most important evidence you need (page 75)
  12. …and more!

Click here to receive your FREE copy now.