When you’re navigating a personal injury case in Connecticut, you may be surprised to learn that many of these claims do not go to trial, they’re resolved through mediation. With court proceedings often being time-consuming and costly, mediation offers a more flexible, controlled, and cost-effective way to settle your case.
So, what actually happens during a Connecticut personal injury mediation? Let’s break it down step by step.
Step 1: Agreeing to Mediate
Mediation typically begins when one party—either the plaintiff, defendant, or even the court—suggests it as a resolution method. Mediation is voluntary, meaning both sides must agree to participate. Once both parties are on board, they choose a mediator: a neutral third party, often a retired judge or experienced attorney in personal injury law.
Step 2: Preparing with Position Papers
Before the mediation takes place, each side submits what’s called a position paper to the mediator. These documents outline the facts of the case, legal issues, and key evidence, such as medical records or police reports. Position papers help the mediator understand each side’s perspective and come prepared to guide the discussion.
These documents are typically confidential and can include the amount the plaintiff is seeking or the defense’s current stance on settlement.
Step 3: Who’s in the Room?
A Connecticut personal injury mediation is generally attended by:
- The plaintiff (the injured party)
- The plaintiff’s attorney(s)
- The defendant’s attorney
- Possibly an insurance adjuster or other decision-maker from the insurance company
All key decision-makers are usually either present or available by phone to ensure that real progress can be made during the meeting.
Step 4: The Mediation Meeting
Mediations can vary depending on the mediator’s style, but they often begin with a short introductory session—either with everyone together or in separate rooms. The mediator explains the process and sets expectations.
From there, the mediator usually meets privately with each party. With the defense, the mediator may ask, “What are you willing to offer to settle this case?” For the plaintiff: “What are you hoping to receive?”
Initial numbers are often far apart, and that’s okay—mediation is a process, not a one-time offer.
Step 5: Negotiation and Bracketing
A common mediation technique is bracketing. The mediator helps both sides agree on a range—for example, the plaintiff believes the case is worth up to $100,000, while the defense won’t go over $60,000. The mediator then works within that bracket to move both sides toward a middle ground.
Mediators may use other strategies, too, but the goal is always the same: to help the parties find a number they can both live with.
Step 6: Settlement or Next Steps
If both sides reach an agreement, the case is resolved and doesn’t need to go to trial. If they can’t agree, the case continues through the litigation process. Even if no settlement is reached during mediation, the groundwork laid often helps resolve the case later.
Why Mediation Matters
Mediation gives you more control over the outcome than a courtroom trial. It’s private, usually faster, and can be less stressful than facing a judge or jury.
Final Thoughts
Mediation is about more than just numbers—it’s about strategy, preparation, and knowing what you’re walking into. At Vining Law, we make sure our clients go into mediation fully prepared—we review the case, discuss expectations, and provide guidance throughout the entire process.
Have questions about mediation or a pending personal injury case? Contact Vining Law today for a free consultation. We’re here to help you understand your options and fight for the results you deserve.
Victory Starts with Vining Law.
Disclaimer: This blog is for informational purposes only and should not be construed as legal advice. Consult with a qualified attorney for legal guidance specific to your situation.
