In a personal injury case, the term mediation refers to:
- A structured meeting where both sides try to resolve the case without going to trial.
Usually, this is where you discuss all the case developments up to the point of the mediation. It’s conducted by a licensed mediator and is typically the last chance to resolve your case before it goes to trial. And while it sounds a bit intimidating, it’s not something you have to go into alone. Our personal injury lawyers at Maison Law can make sure your case is ready. Set up a free consultation today.
How Does Mediation Work?
Not every personal injury case goes to mediation, but if you reach the point of filing a lawsuit and going through discovery, it’s highly likely that you’ll also need to go to mediation. And while it can be a very effective way to resolve things, every case is different. The facts matter. Your injuries matter. And the people involved matter. Even so, the mediation process itself usually follows the same general pattern from case to case. Here’s what that typically looks like.
- The mediator. The mediator is a neutral professional—often a retired judge or experienced attorney—who doesn’t take sides and doesn’t make decisions. Their job is to keep the conversation productive and help both sides see whether common ground is possible.
- The mediation session. You, the other side, and your lawyers usually meet in a private office or conference setting. In California, it’s common for each side to spend most of the day in separate rooms. The mediator moves back and forth, discussing the case, the evidence, and where each side stands.
- Private discussions. Much of mediation happens behind closed doors. The mediator will talk with each side privately about risks, expectations, and possible ways to move forward. These conversations are confidential and designed to encourage honest discussion.
- Negotiations. This is where things start to take shape. Offers and counteroffers are exchanged. The mediator helps both sides evaluate what’s realistic and where compromise might make sense.
- Settlement—or not. If an agreement is reached, the mediator helps finalize the terms and the case moves toward resolution. If not, the case continues toward trial. Either way, mediation usually gives everyone a clearer picture of how the case is viewed on both sides.
Mediation often avoids the stress, expense, and uncertainty of a trial. And even when it doesn’t end in a settlement that day, it can still be valuable—it shows you how the other side sees your case and where the real sticking points are.
How Maison Law Supports Clients Through Mediation
At Maison Law, we prepare for mediation the same way we prepare for court—with careful planning and your best interests front and center. When mediation makes sense, we make sure you’re ready for it.
Every case is different, and every mediation unfolds its own way. But you don’t have to go through it guessing or unprepared. We’re here to guide you, explain what’s happening, and help you make informed decisions at every step.
If you’re approaching mediation—or wondering whether it’s the right move in your California personal injury case—we can walk you through your options, starting with a free consultation.
