Dos and Don’ts of Personal Injury Mediation in New York


If personal injury mediation in New York is on the horizon in your case, you should rejoice in the fact that this method of alternative dispute resolution has helped thousands of individuals finalize their disputes and move on with their lives. Personal injury mediation in New York allows the parties the chance to work with a third party neutral called a mediator. The mediator is not an advocate and does not make decisions for the parties. Any agreement that is reached and finalized at mediation is due to the parties’ willingness to compromise. To increase the odds of settling at mediation, there are certain actions that should and should not be taken.

Do show up to personal injury mediation with your goals in mind. It is a good idea to write down what you want out of the case so you make sure that none of your concerns are overlooked. Conversations during mediation may move quickly at times, and it can be easy to forget to mention small details.

Do review the facts and legalities of your case. Doing so may refresh your memory on minor details you have forgotten. These details may be relevant while negotiating.

Do take advantage of your Attorney’s opinion as hopefully you retained them based upon their experience and that trust has grown during this process.

Do not show up to mediation with a single resolution in mind. Flexibility is key to success at mediation, and demanding your way will bring progress in the case to a halt.

Do not allow your emotions to take over your decisions. Try to remain as objective as possible during mediation.