If you’ve filed a personal injury claim and heard the word “mediation” thrown around, you may be wondering what it actually involves. As a Greenville personal injury lawyer, we often explain this process to clients who are trying to resolve a claim without going to court.
Mediation is one of the most common—and effective—ways to settle personal injury cases in South Carolina. But it’s not always clear how it works or what to expect. This blog will walk you through the basics and help you understand your rights as an injured party in Greenville.
What is mediation?
Mediation is a form of alternative dispute resolution (ADR). Rather than letting a judge or jury decide your case in a courtroom, mediation gives both parties a chance to come together in a more informal setting to try to reach a settlement.
A neutral third party, known as a mediator, facilitates the discussion. The mediator doesn’t make a ruling or take sides. Instead, they help both parties find common ground and explore settlement options.
Advantages of mediation?
Mediation is mandatory in South Carolina. There are several advantages of resolving your personal injury case at mediation:
- It’s faster than going to trial – Court schedules in Greenville can be backlogged. Mediation can often resolve your case in a matter of hours or days.
- It’s less expensive – Trials come with significant legal and administrative costs. Mediation can reduce those expenses considerably.
- It’s confidential – Court trials are public record, but mediation sessions are private. This can be especially appealing in sensitive or high-profile cases.
- You have more control – Rather than leaving the outcome up to a judge or jury, mediation allows you to have a direct say in the resolution of your case.
When does mediation happen?
Mediation typically occurs after a lawsuit is filed but before trial. In South Carolina, mediation is required by the court before a personal injury case goes to trial. That means both parties must at least attempt to resolve the dispute through mediation.
You and your Greenville personal injury lawyer will attend the session along with the other party—usually a representative from the insurance company and their attorney.
What happens during mediation?
Here’s a quick overview of how the process typically unfolds:
- Opening Statements: The mediator gives opening statements explaining the mediation process. Each side gives a brief summary of their position. This includes the facts of the case, injuries sustained, and the damages being claimed.
- Private Sessions (Caucuses): After the opening, the mediator usually separates the parties into different rooms and goes back and forth between them. This allows for more candid discussions and helps the mediator relay offers, counteroffers, and feedback.
- Negotiation: The mediator facilitates the exchange of settlement proposals. Their goal is to help each side understand the strengths and weaknesses of their position and find a number that both can live with.
- Resolution or Impasse: If an agreement is reached, it’s usually put in writing and signed by both parties. If no agreement is reached, the case may proceed to trial—but mediation often lays the groundwork for a later settlement.
Do you have to settle?
No. Mediation is non-binding, which means you’re not required to accept a settlement offer. If you don’t agree with the proposed resolution, you can walk away and continue toward trial.
That said, many personal injury cases in Greenville settle during or shortly after mediation, especially when both sides are motivated to avoid the risks and costs of court.
Do you need a lawyer for mediation?
Absolutely. Even though mediation is more informal than trial, the outcome can still significantly impact your future. An experienced Greenville personal injury lawyer will:
- Help you prepare your case and identify a fair settlement value
- Handle communications with the insurance company and opposing counsel
- Ensure that your rights are protected throughout the process
- Advocate on your behalf during mediation to get the best possible result
- Trying to go it alone can leave you vulnerable to lowball offers or pressure tactics.
Smith Jordan Law is here to guide you
At Smith Jordan Law, we’ve guided countless Greenville residents through the personal injury mediation process. Whether your case involves a car accident, slip and fall, or another type of injury, we know how to negotiate for what’s fair.
If you’ve been injured and are facing mediation—or just want to know what to expect—we’re here to help. You don’t have to figure it out alone.
Call Smith Jordan Law today at (864) 343-2222 for a free consultation with an experienced Greenville personal injury lawyer. Let’s talk about how we can help you recover what you deserve.