Pros and Cons of Using Mediation in a Personal Injury Claim

Bay Area Accident Attorney Discusses the Use of a Neutral Third Party to Resolve a Dispute

San Francisco Personal Injury AttorneyMediation can lead to a quicker and less stressful resolution in a personal injury lawsuit than the litigation process (“going to court”), which requires an injury attorney. Whether someone rear-ended you at a stoplight and gave you a bad case of whiplash, or an out of control trucker skated off the freeway and sideswiped your vehicle, here’s a quick primer on the process.

In mediation, a neutral third party, known as the mediator, helps the two parties negotiate and find win-win outcomes. If the parties can succeed at reaching a settlement, they can avoid a lawsuit. Consider the following pros and cons of mediation:


• The parties get to speak directly to each other in an informal environment. They don’t have to worry about saying the wrong thing and “losing” the dispute.
• The parties can save a significant amount of money and time, if they manage to settle during mediation, and everyone’s needs can be met in a civil, private environment.
• Your personal injury lawyer can advise you throughout the process, so you can feel in control and confident during the negotiations.
• If you cannot meet your needs during mediation—for instance, if the insurance company that represents the person who injured you fails to make a fair offer—you still have the option to go to court to fight for fair compensation.


• It takes two to tango. Either party may refuse mediation or walk out during the process.
• Negotiating successfully takes a fair amount of skill, even with a neutral mediator assisting the process. It takes patience and persistence to succeed, and you also need a relatively strong “EQ” to feel in control of the negotiations.
• The parties will likely have to compromise. The purpose of mediation is to find solutions, not fault. This means both parties need to work together with open minds. If you want to “punish” the person or company who hurt you, you may have to adjust your mentality.

Contact the Best San Francisco Personal Injury Attorney

Mediation generally works best when both parties share some fault in the injury or accident. Our Bay Area accident lawyer would be happy to provide a free consultation about your case. Call us at 415-287-6200 today.