Caldwell & Kearns, P.C.
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Why you should consider mediation following personal injury

Accidents can happen anywhere. Maybe you were in a serious car crash. You might have had a debilitating slip-and-fall accident at work. Or maybe a stranger’s dog bit you in the park. Whatever the case, you shouldn’t have to suffer in silence—and you deserve compensation for your distress.

In today’s post, we discuss why mediation can be a good alternative to litigation in a personal injury case.

What is mediation?

Mediation is a process in which a neutral third party—a mediator—helps you and the insurance company reach a settlement for your case. It usually works in one of two ways:

  • You and the insurance company representative sit in separate rooms. The mediator goes back and forth between the two rooms, talking privately with each party until they can negotiate an agreement.
  • You speak with the mediator one-on-one in advance of the mediation to discuss your outcome goals. Then the mediator brings you and the insurance company representative together in one room and facilitates a negotiation.

What to prepare

Regardless of which option you use, it’s important that you prepare for mediation by laying out all of the types of damages you want to receive. An insurance company may only initially offer to pay for concrete damages—such as medical bills. However, it’s important for you to let the insurance company know all of the ways in which the accident has negatively impacted your life, including:

  • Permanent injury
  • Limitations in your daily life or work
  • Lost wages
  • Impacts on your mental or emotional health


Mediation offers many advantages over litigation. You’ll pay only a fraction of the legal fees, and the process will also cost you far less time. In addition, in a trial, the jury decides how much your award will be—and they could low ball it. With mediation, you have a say in how much you’ll get, because mediation ends when both parties agree.

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