Mediation is a form of alternative dispute resolution. It is a means for people to settle disputes or lawsuits outside of court. A neutral third party - the mediator - helps the disputing parties look for a solution that works for them. Mediators, unlike judges, do not "decide" the case. The mediator's role is to help the people involved in a dispute to negotiate with each other in a constructive manner, to gain a better understanding of the interests of all parties, and to find a resolution based on common understanding and mutual agreement. The purpose of mediation is not to determine who wins and who loses, but to develop creative solutions to disputes in a way that is not possible at a trial. The mediation process is informal and completely confidential. Parties in mediation may speak more openly than in court. Many people find mediation a more comfortable and constructive process than a trial. Under the court-connected mediation process the parties are require to select the mediator and then to provide that mediator with a brief outlining the case and the issues.



Usually personal injury mediations proceed with the mediator making some opening remarks about the purpose and goal of mediation. After this, the lawyers all make opening statements.

The parties to the law suit must attend the mediation. However, they are not forced to speak. They are usually asked if there is anything they want to add. However, it is quite common for the clients not to speak in the open session.

After the opening statements, the parties usually retire to separate rooms where they exchange offers back and forth with the help and guidance of the mediator. A surprising amount of progress can often be made in a short time.

In some instances the lawyers will have a direct conversation without clients. The mediator may or may not participate. This can often assist with breaking negotiation log-jams.

Accident victims are sometimes disappointed that the driver who caused the accident is not required to attend mediation. It is virtually always a representative of the insurance company who attends as the defence counsel's client. This is the person who attends because this is the person who will decide about how much, if anything will be paid.

There is no guarantee your injury case will settle at mediation. However, many cases do, especially if they are straightforward. Even where a case does not resolve, the communications at mediation can set the stage for future negotiations.