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Updated September 1, 2021
Mediation is a process that we use in order to try to get a case settled without having to go to trial.
Mediation is a meeting between the plaintiff, that’s the person bringing the claim, and the defendant, that is the person who’s being sued or the company who’s being sued, and there’s also a mediator there. The mediator, the plaintiff, the defendant, and their attorneys get together and talk about the case to see if there is a way to get the case settled.
It’s different than arbitration because arbitration is a procedure where the outcome is really a verdict that an arbitration panel or an arbiter will arrive at. So at arbitration, different than mediation, the arbitration panel actually comes out with a verdict, and they say this is the amount of money that we find in this case.
By contrast, in mediation the two sides have to voluntarily agree to settle a case for a certain amount of money. The mediator tries to get the plaintiff to agree to take a little bit less than the plaintiff was asking for. The mediator tries to get the insurance company to pay more than the insurance company wants to pay. So at mediation, if it is to be successful, there is an amount agreed upon that is a compromise amount arrived at by both sides in order to avoid having to go to trial.
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