What makes a mediator effective in a personal injury case?
Direct Answer
An effective personal injury mediator combines a deep understanding of how these cases are actually valued and tried with the ability to earn the trust of both sides.
An effective personal injury mediator combines a deep understanding of how these cases are actually valued and tried with the ability to earn the trust of both sides. Experience matters: a mediator who has seen how juries respond to similar facts, how insurers evaluate claims, and how damages and liens play out can give each side a credible, reality-based assessment that moves the negotiation. Just as important is the human skill of listening — letting an injured person feel genuinely heard, and helping a defense representative reassess risk — without ever losing neutrality. The goal is not to pressure either side, but to help both reach a resolution they can accept, which requires patience, credibility, and judgment earned over many cases.
Expert reviewer
Herbert Berkowitz
Herbert M. Berkowitz is a Florida mediator, arbitrator, former Hillsborough County Court Judge, and veteran civil trial attorney with more than 50 years of …
Reviewed August 22, 2026
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