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What is Personal Injury Mediation in Connecticut?

Statistics show that 97% of all personal injury cases in Connecticut never make it to trial. However, these aren’t all dismissed cases. Instead, a resolution was found before the case needed to go before a jury. In those cases, personal injury mediation was used in place of litigation, typically ending in a more favorable outcome for both sides.

Mediation can be a much easier and more productive way to resolve a case, but it is a voluntary process. If you feel your case should go before a jury, you have the right to bring it to trial. Even if you choose to use a mediator, you cannot be forced into settling. The only part a mediator can play is trying to facilitate a settlement between the two parties in question.

In mediation, the two parties sit down to discuss and attempt to resolve the case. A mediator is a neutral third party that has no interest in the outcome of the case. Most often, a mediator is a judge, attorney with experience in personal injury law, or a retired judge. In Connecticut, there is a Mediation program that is free for litigants. The two parties select a judge then schedule the mediation.

In some cases, a private mediator is used. When this is the case, it is up to both parties to pay for the mediator. Deciding who will oversee the case is an important decision. Having someone who is experienced in mediation and can proceed without bias is imperative for both sides in the case.

Mediation can happen at any time. In some cases, mediation occurs before anything is filed. However, there are times when mediation comes even the day before a trial. The biggest factor is how willing both parties are to resolve the case, and whether they are willing to make compromises to serve the interests of everyone.

In some cases, resolution can come from a phone call or in pretrial with a judge. Mediation can be a lot of work but can also work out more favorably in the end. If you are considering using a mediator, contact our team of attorneys at Jonathan Perkins Personal Injury Lawyers today.


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