Skip to content

Basics of Personal Injury Mediation

Michael Agruss

Written and Reviewed by Michael Agruss

  • Managing Partner and Personal Injury Lawyer at 844SeeMike.
  • Over 20 years of experience in Personal Injury.
  • Graduated from the University of Illinois Chicago School of Law: Juris Doctor, 2004.

Legal mediation is defined as “the attempt to settle a legal dispute through active participation of a third party (mediator) who works to find points of agreement and make those in conflict agree on a fair result.” Whether it is held before or after commencing a lawsuit, it can be a great way to find common ground and reach a compromise in less time than a trial by jury. Many clients are at first anxious or even intimidated by this process, given the direct confrontation between the opposing sides in the case, but ultimately there is no reason to worry. Your attorney will be there with you every step of the way and ensure that you are fully informed, prepared, and know what to expect.

A typical mediation session consists of you, the plaintiff (injured party) and your attorney, the defense attorney hired by the insurance company, and an adjuster from the insurance company; these are called the “interested parties,” as they are legally part of the mediation and the case itself. Then there is the mediator, who is a “disinterested party.” Mediators often have a wealth of legal experience and are prepared for almost any situation or circumstance, and their role in the mediation session can vary from major to minor involvement depending on the particular case.

Mediation usually begins with an opening statement from the plaintiff’s attorney and may involve demonstrative aids (charts, videos, etc.) to further illustrate the plaintiff’s injuries resulting from the accident. The threat of moving past mediation to a jury trial is often a crucial factor in how the session will go; without this threat, the insurance company is far less inclined, if at all, to pay the claim’s realistic value, sometimes called the “mediation value.” This is why it is essential that you seek an experienced personal injury attorney to represent you and ensure that you are fully compensated for your injuries, medical bills, and lost wages rather than forced into an unfair settlement.

If you or a loved one has suffered an injury in an accident, contact 844 See Mike, LLC for a free consultation. We are a Chicago-based injury law firm representing individuals (and their families) who have suffered an injury in an accident. We will handle your case quickly and advise you every step of the way, and we will not hesitate to go to trial for you.

Lastly, 844 See Mike is not paid attorneys’ fees unless we win your case. Our no-fee promise is that simple. You have nothing to risk when you hire us – only the opportunity to seek justice.

Submitted Comments

No Comments submitted yet. Sharing your story will help others!

We are listening

We will respond to you at lightning speed. All of your information will be kept confidential.

Form successfully submitted!