If you have a personal injury claim that goes to court, there’s a good chance you’ll have to go to mediation. You need to know what to expect in personal injury mediation and how to protect your settlement. Our experienced Greenville personal injury lawyer at Bobby Jones Law explains.

What Is Personal Injury Mediation and How Does It Work?

Personal injury mediation is a process for resolving a personal injury claim without a trial. It is a formal and facilitated settlement discussion. A neutral third party guides the discussion between the parties to make it productive.

How Does South Carolina Handle Mediation in Personal Injury Cases?

Personal injury mediation in South Carolina is:

Mandatory. In most personal injury cases, you must participate in mediation.
Guided. A trained mediator leads and facilitates the session.
Confidential. What’s revealed in mediation is not admissible at trial.
Neutral. The mediator doesn’t take a side. They’re not the judge and don’t decide the case.
Organized. The mediator will explain the process.
Personal. Breakout sessions can be tailored to your needs and preferences.
Paid. The mediator will be paid for their time. Usually, the parties split the cost.

You don’t have to reach a settlement at mediation – settling at mediation is voluntary.

When Does Personal Injury Mediation Typically Occur in Greenville Cases?

Mediation in a personal injury case typically occurs late in the pre-trial process, as the case approaches trial. Discovery may be complete or almost complete.

Usually, the court gives a timeline for the parties to complete mediation. If mediation is unsuccessful, the case proceeds, usually to a final settlement conference and then trial.

The parties can negotiate a settlement at any point in the claims process, even before mediation. The parties don’t have to wait for the court to order mediation; they can schedule it on their own. Mediation may be the most effective after both parties have investigated the claim and addressed preliminary legal matters.

Who Are the Key Players in a Personal Injury Mediation Session?

The key players in a personal injury mediation session are:

Plaintiff
Plaintiff’s attorney
Defendant
Defendant’s attorney
Claims adjuster

Everyone who must approve a settlement must be there or available. While it’s best not to bring other people, discuss any special circumstances with your attorney.

What Happens Step by Step During Personal Injury Mediation in SC?

The steps in personal injury mediation in SC include:

Scheduling. The parties select a mediator and a date and time for mediation.
Brief. The parties may submit a pre-mediation brief, outlining the issues.
Day of mediation. At the date and time of mediation, the parties arrive with their attorneys.
Introductions. The mediator introduces themselves and explains the process.
Start of discussions. Usually, the plaintiff starts by summarizing the case and what they’d like in compensation.
Response. The defense can respond. Each side may be fully heard.
Breakout sessions. The parties may continue to discuss the settlement directly. Alternatively, the parties may move to breakout rooms while the mediator moves between them, facilitating discussion.
Settlement. If the parties reach an agreement, they put it in writing and sign it.
Finalization. The parties may finalize a more formal agreement.
Report. The mediator files a report with the court stating that the parties completed mediation. The mediator reports the outcome.

Your attorney can ensure that the settlement and any follow-up documentation accurately reflect the agreement.

Personal Injury Mediation vs. Trial: Which Gets You More Compensation?

The goal for mediation in personal injury cases, from a plaintiff’s perspective, is to get the most compensation possible. So, which gets you more compensation? Mediation or trial?

It depends.

If you resolve your case at mediation, you save the costs of a trial. You may avoid paying expensive experts, preparing visuals for trial, and paying witness fees. Choosing to settle the case at mediation can ensure that you receive an award, rather than risking going to trial and receiving significantly less. On the other hand, if you go to trial, you might get the full amount of what your case may possibly be worth.

Whether you’ll receive more compensation from mediation or trial isn’t always known. Your attorney can provide advice, based on their training and experience, on what is likely in your case.

Your preferences matter. Some people want their day in court, while others prefer no trial. An attorney can provide legal advice and help you make the right decision.

What Should You Bring to a Personal Injury Mediation in Greenville?

When you have a mediation for personal injury in Greenville, SC, you should bring:

Notice. The notice of mediation and paperwork that your attorney or the court sent you.
Information. Bring any information you may need to reference in your discussions, such as medical bills and other loss verification documents.
Knowledge. Always arrive at mediation knowing what your case is worth and why.
Goals. Know what you’re willing to settle your case for. Your attorney can provide guidance.
Preferences. Know what your absolutes are and where you may be flexible in your personal injury settlement.
Comfort. Bring things that you need for your comfort. Bring any medication you need throughout the day, a water bottle, tissues, snacks, a phone charger, and other things you may need for a session that may last several hours.

Your attorney will help you prepare for the mediation session in advance.

How a Greenville Personal Injury Attorney Protects Your Interests in Mediation

When you have an attorney for mediation in a personal injury case, you don’t have to worry about what to say or the case process. You have a lawyer who handles everything, including negotiations with the other party and participation in mediation sessions.

You don’t have to face the insurance company and its lawyers alone. You can have an attorney protecting your interests.