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Personal Injury: What Happens at a Mediation?

Jed Dietrich, Esq., Is Recognized as A Best Attorney of America and An American Institute of Trial Lawyers Litigator of The Year. The Dietrich Law Firm P.C. Is Committed to Defending the Rights of Anyone Who Has Sustained a Serious Injury in Or Around Rochester, New York. We Could Advocate Your Interests in Insurance Negotiations, In Court, Or at Trial.


People Talking Personal injury lawsuits often involve high-stakes proceedings. However, only a small percentage of cases ever go to trial. Despite popular misconceptions, many claims are settled outside of court. Mediation is a popular form of alternative dispute resolution in which a neutral third party facilitates negotiations. While the mediator cannot issue binding decisions, they can help an accident victim reach common ground with an insurance company or alleged wrongdoer. If all of the involved parties reach an agreement, the claim could be resolved without any need for trial.

Although mediation is less formal than a trial, negotiations still require an intimate understanding of your accident, its circumstances, and any applicable state, local, or federal laws. Your chances of reaching a favorable settlement could be drastically improved with the assistance of experienced counsel. Since our founding in 2005, the Dietrich Law Firm P.C. has helped thousands of clients obtain the compensation they need to begin the difficult task of moving past an accident. Our highly experienced team of legal professionals has secured more than $175 million in damages from insurance companies, reckless motorists, and negligent businesses—money that our clients have used to pay off their medical debt, pursue high-quality care and overcome serious injuries. We could help you, too. Please send us a message online or call us at 585-939-3939 to schedule your free, no-obligation consultation.

The Multistep Rochester Mediation Process

Mediation is not subject to the same strict procedural requirements as a jury trial. However, mediation is still a highly structured process. Mediation hearings provide an opportunity for both sides to present arguments and make a case for or against specific damages. Mediation can happen over the course of several hours, days, or weeks. Claims involving serious injuries often take longer to negotiate.

A typical Rochester mediation could include the following stages:

  1. The Mediator’s Opening Statements: Mediators are neutral third parties. Oftentimes, the mediator will be a highly experienced legal professional—perhaps a retired judge or lawyer. When the mediation commences, the mediator will introduce each party, explain the rules of the proceeding, and encourage the plaintiff(s) and defendant(s) to work towards a settlement.
  2. Disputants’ Opening Statements: Similar to trial, each party will be allowed to provide an opening statement. An opening statement could summate the circumstances of an accident, the defendant’s wrongdoing, and the extent of the accident victim’s injuries.
  3. Joint Discussion: The mediator could allow both sides to discuss the case jointly. While the joint discussion is not always productive, it can help the plaintiff and defendants understand one another’s goals, priorities, and interpretation of events.
  4. Private Caucuses: After joint discussion, the mediator may separate the parties, meeting privately with the defendant(s) and plaintiff(s). The mediator will discuss the case’s strengths and weaknesses and may relay settlement offers.
  5. Joint Negotiation: Mediators sometimes permit each side to enter direct settlement negotiations. However, this is relatively rare.
  6. Closure: If the parties can reach an agreement, then the mediator will record the terms of a potential settlement and ask each side to sign the accord. However, any agreement reached in mediation is non-binding. Even if the defendant and plaintiff are satisfied with the terms of the settlement, it could still be subject to court approval.
  7. Continuation: If the parties cannot reach an agreement, then the mediator may determine whether further meetings could be productive.

The overwhelming majority of personal injury claims are resolved through alternative dispute resolution mechanisms such as mediation. However, surveys have found that legal representation can significantly alter the outcome of settlement negotiations: you are more likely to receive a settlement with a lawyer and much more likely to receive a substantive settlement with competent counsel.

The Dietrich Law Firm P.C. is committed to providing the highest level of personal injury service—and we have the accolades to prove it. We have been recognized as a Best Law Firm in America and an American Institute of Personal Injury Attorneys 10 Best Personal Injury Law Firm. Our experienced attorneys could investigate and analyze the circumstances surrounding your accident, then construct a compelling, evidence-based case for recompense. If we cannot reach a satisfactory resolution in mediation, we could take your case to trial and aggressively advocate for the compensation you need and the justice you deserve. Please call us at 585-939-3939 to schedule your no-charge consultation as soon as possible.

DID YOU OR A LOVED ONE SUFFER INJURIES AFTER A SERIOUS ACCIDENT IN OR AROUND ROCHESTER?

CALL JED DIETRICH, ESQ., AND HIS TEAM OF HIGHLY QUALIFIED ROCHESTER, NEW YORK, PERSONAL INJURY ATTORNEYS AT 585-939-3939 NOW TO OBTAIN THE HELP THAT YOU NEED! DESERVE!

What Happens if a Mediation Is Not Successful?

Man Signing Contract Since personal injury cases could result in significant damages, insurance companies and negligent defendants are often reluctant to offer substantial settlements. Even if you enter mediation with an open mind, you may find that the other party is unwilling to compensate you for the totality of your losses—even if your losses were caused by their negligence.

If we cannot reach an acceptable settlement in mediation, the Dietrich Law Firm P.C. could explore alternate remedies. We could:

  1. Continue mediation until we reach an agreement with the other parties;
  2. Maintain communications with the insurance company or defendant’s counsel to try and find common ground; and
  3. Take the case to trial, allowing a judge or a jury of your peers to assess the situation and award any damages they deem fit.

Taking a personal injury claim to trial could seem intimidating. However, Jed Dietrich, Esq., has extensive trial experience and has been recognized as an American Institute of Trial Lawyers Litigator of the Year. When Jed Dietrich, Esq., agrees to take a case into mediation, he prepares an aggressive offense suitable both for informal proceedings and for trial. If we cannot reach an acceptable settlement in mediation, we will continue building a strong, evidence-based claim. You likely stand your best chance of staging a successful legal recovery when you have an experienced attorney on your side. Please call Jed Dietrich, Esq., at 585-939-3939 today to discuss your options for legal relief.


Call the Dietrich Law Firm P.C. immediately at 585-939-3939 so that our aggressive, tenacious, and hardworking personal injury lawyers can fight to obtain the best result for your personal injury claim in Rochester, New York. We are available 24 hours a day, 7 days a week, and there is never a fee until we WIN for you!

Client Reviews
★★★★★
I am a medical doctor and have worked with many of the best lawyers in Buffalo and I can say without question that Jed Dietrich is the only lawyer I would trust with my injury case in Buffalo New York. B.O.
★★★★★
Dogged, Determined, and Dead-set on getting you the Maximum settlement for your injuries! T.F.
★★★★★
No one will work harder, smarter or better; I have retained Jed and he obtained the best result for my case. D.P.
★★★★★
The definition of an "A" type personality-exactly who I would want to represent me in a serious personal injury case. E.S.
★★★★★
Jed is a Master in the courtroom without an equal. S.C.
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