Mike’s Quick Answer
It depends on the mediator and case, but often the parties and lawyers meet with a neutral mediator who discusses the evidence, disputed issues, settlement positions, and practical risks. The mediator does not impose a verdict. The client ordinarily controls whether to accept an agreement after receiving legal advice.
The Mediator Helps, but Does Not Rule
A mediator may meet with everyone together, then speak privately with each side. The process can test assumptions, communicate offers, identify missing information, and help both sides weigh trial risks.
Unlike a judge or jury, the mediator generally does not decide fault or damages. A strong mediator may express candid views, but the evaluation is not a binding judgment.
Preparation Changes the Conversation
Useful preparation can include a concise liability story, key photographs, medical chronology, expert opinions, wage proof, coverage limits, liens, verdict risks, and an estimated net recovery.
The client should understand the gross offer, attorney fee, costs, known or estimated liens, and what rights a release will end. Emotion is part of the process, but decisions should be informed rather than pressured.
No Settlement Is Also a Result
Some mediations end without agreement, then settle later after more discovery, a motion, an expert report, or further negotiation. The session may still clarify the defense position and the gap between the parties.
Mike can prepare a client for the format and explain the evidence and risks. He cannot guarantee that the carrier will make a reasonable offer or that mediation will resolve the case.
Frequently Asked Questions
Do I have to accept the mediator's number?
It depends on the engagement and any later agreement, but ordinary mediation is nonbinding and the mediator does not force a settlement. The client should discuss any proposal with counsel.
Will I speak during mediation?
It depends on the mediator's process. A client may speak, answer limited questions, or mainly consult privately with counsel. Preparation should address that before the session.
Sources and Further Reading
Important
This article provides general New Jersey information and is not legal advice. Every matter depends on its facts, policy language, deadlines, and applicable law. Medical questions should be discussed with a licensed physician. Tax questions should be discussed with a qualified tax professional.