Auto accident mediation is a confidential and voluntary way to potentially resolve an auto accident claim.  The victim and the insurance company may attend mediation with a trained third-party neutral who facilitates discussion and guides the parties during the process.  Typical auto accident mediation includes the following steps:

Select a Mediator

The parties can select a mediator.  Many personal injury mediators are lawyers or retired judges.  However, mediators may also come from different backgrounds, such as being former insurance adjusters, business people or educators.  The parties and the mediator set up a convenient time to mediate the case.

Introduction

When the parties arrive at mediation, the mediator explains his or her role.  He or she explains the differences in a judge and a mediator.  The mediator does not impose decisions on the parties.  He or she cannot make the parties do anything.  The parties are free to agree to suggestions or not.  The parties retain control over the outcome of the case.

After explaining this important role, the mediator then explains that he or she is objective and does not represent the interests of either party.  He or she may summarize the facts of the case as presented in pre-mediation briefs or mediation statements.  He or she may also pinpoint the specific areas of contention noted in these materials.

After the mediator speaks, the parties may make a brief introductory statement about the accident, how it occurred and why they have not reached a settlement.

Negotiations

The parties may be separated during the next phase of mediation.  The mediator may go back and forth between the parties, getting a better sense of the strengths and weaknesses of each side.  The mediator relays information back and forth between the parties and may make suggestions on facilitating a compromise.  The mediator may also take settlement offers back and forth, often starting low with the insurance company’s offer but possibly moving higher during the course of mediation.

Agreement

If the parties do settle the case, they will have an agreement prepared that outlines the terms they agreed to.  The insurance company will usually ask the parties to sign a statement that they are releasing all claims in consideration of the settlement money.