Mediation/Arbitration

Step 7 of 8 · Our Process

Before a case reaches trial, it will usually go to mediation. Many cases settle at this stage once a neutral third party helps the insurance company recognize the full value of the claim.

What mediation is

Mediation is a confidential settlement meeting led by a mediator, often a retired judge or experienced attorney, who is neutral. The mediator listens to both sides, points out the strengths and risks of each position, and helps the parties work toward an agreement. The mediator cannot force a settlement; nothing is final unless you agree. What is said in mediation generally cannot be used later in court (California Evidence Code § 1119).

What to expect on mediation day

• Mediation usually lasts a half or full day, in person or by video.
• You and your attorney typically stay in a separate room while the mediator moves between the sides.
• We submit a mediation brief in advance that presents your case and damages.
• If an agreement is reached, the key terms are put in writing before everyone leaves.

What arbitration is

Arbitration is more like a private, simplified trial. An arbitrator hears evidence and makes a decision. When you make a claim against your own insurance company under your uninsured or underinsured motorist (UM/UIM) coverage, disputes about fault or value are generally decided by arbitration under California Insurance Code § 11580.2, rather than by a jury.

How we prepare

We treat mediation and arbitration as seriously as trial: organizing medical evidence, expert opinions and a clear presentation of how the injuries have affected your life. A well-prepared case is the best way to reach a fair result without going to trial.

What you can do

• Plan to be available for the full day and to take part in decisions.
• Think in advance about what outcome would feel fair to you, and discuss it with us.
• Bring any questions; we will explain every offer and your options.