In New York State, mediation is a way of trying to reach a settlement in a personal injury case without having to resort to a trial. In mediation, the two parties are seated in separate rooms. A mediator then meets with each party separately and discusses the case with them. This mediator is usually a local attorney who has agreed to assist in resolving the case, so, for example, if your case is being pursued in Western New York, the mediator may be a lawyer from Buffalo or Rochester.
Each party presents their side of the personal injury case to the mediator and discusses what dollar value they think the injuries are worth. The mediator then brings this information to the other party and shares with them his perspective on the information he has been given and the value of the case. The mediator may go back and forth between the parties several times.
Ideally, the plaintiffs and defendants will eventually reach an agreement through this process on the value of the injuries, and the case may be settled without the need for a trial. If the parties cannot reach an agreement, the case may still proceed to trial.
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