Who attends a personal injury mediation, and what actually happens?
Direct Answer
A personal injury mediation typically includes the injured person (the plaintiff) and their attorney, a representative of the defendant — which in most accident cases is an insurance company — along with defense counsel, and a neutral mediator.
A personal injury mediation typically includes the injured person (the plaintiff) and their attorney, a representative of the defendant — which in most accident cases is an insurance company — along with defense counsel, and a neutral mediator. The session usually begins with everyone together, where each side may briefly outline its position, and then the parties separate into different rooms. The mediator moves between them in confidential private sessions, carrying offers and information back and forth, testing each side’s view of the case, and helping the parties narrow the gap. The mediator does not decide who is right or impose a result; the goal is to help the parties reach a voluntary settlement they can both accept.
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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