Mike’s Quick Answer
It depends on the mediator and case, but often the parties meet together or in separate rooms while a neutral professional carries offers, tests arguments, and looks for common ground. The mediator ordinarily does not impose a result. Settlement remains the client's decision after advice from counsel.
Mediation Is Structured Negotiation
The mediator may begin with introductions and ground rules, then discuss liability, damages, coverage, liens, trial risk, and settlement positions. Some sessions are joint; many injury mediations use private caucuses.
The mediator can challenge both sides without becoming either side's lawyer. Statements made for settlement purposes may receive protections, but the scope depends on applicable rules and agreements.
What the Client Usually Does
The client may speak about the injury and its effect, answer limited questions, or primarily consult privately with counsel. Preparation should cover the process, evidence, likely defense arguments, liens, and realistic net outcomes.
Mediation can take hours and may involve long pauses. Movement often occurs gradually as the mediator learns what is driving each decision.
Agreement Should Be Informed
Before accepting, the client should understand the gross amount, estimated fees and costs, liens, release scope, payment conditions, and claims being ended. A tentative handshake may be followed by enforceable written terms.
If no agreement occurs, the case ordinarily continues. An unsuccessful mediation does not mean the case cannot settle later.
Frequently Asked Questions
Can the mediator force me to settle?
It depends on any unusual binding agreement, but ordinary mediation often leaves the decision with the parties. The mediator facilitates rather than imposes a result.
Will I be in the same room as the defendant?
It depends on the format and mediator. Often parties spend most of the session in separate rooms or separate video conferences with their own lawyers.
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.