Mediation is a structured and confidential process that helps resolve personal injury claims without going to trial. In Maine, mediation is ordered as part of the pre-trial process in civil injury cases, depending on the court’s scheduling order.
At Shaheen & Gordon, our Maine personal injury lawyers help clients navigate every stage of mediation and litigation with clarity and purpose. If you’re wondering how personal injury mediation works or when it happens, here’s what to know.
How does mediation work in a personal injury case?
Mediation is a meeting where both sides in a personal injury case try to settle the dispute before going to trial. Usually, this includes the injured person and the at-fault party’s insurance company. A neutral mediator leads the discussion and helps both sides find areas where they agree.
Mediation doesn’t involve formal arguments or courtroom rules. Instead, each side shares their point of view, either together or in separate meetings. The mediator doesn’t have the authority to decide the outcome or impose a settlement. Instead, they guide the discussion and help the parties reach their own voluntary agreement.
When is mediation required?
In Maine, mediation is required by the court as part of the scheduling order in civil personal injury cases. This means you must take part in mediation before the case can go to trial, and the court will set deadlines for when it must happen. While the outcome of mediation isn’t binding, you do still have to show up and participate. Mediation can also happen voluntarily before a lawsuit is filed, especially if both sides are open to resolving the case early.
What are the benefits of mediation?
Resolving an issue in mediation offers a few benefits over going to trial:
- Faster resolution: Mediation can take less time than preparing for and going through a trial.
- Reduced legal expenses: Avoiding courtroom litigation often lowers legal and expert witness fees.
- Confidentiality: Unlike trials, mediation is private and off the public record.
- Control over outcome: You and the other party (not a judge or jury) decide whether to settle and on what terms.
- Less adversarial: Mediation often fosters more respectful communication than trial proceedings.
Who attends the mediation?
In a typical personal injury mediation session, you’ll be there along with your personal injury attorney, the at-fault party’s insurance representative or their lawyer, and a certified mediator. Sometimes, family members or expert consultants may also attend, but only if you agree to it.
Is the result of mediation legally binding?
Mediation is a non-binding process by itself, meaning the mediator cannot force either side to settle. But if both parties reach an agreement, that agreement can become legally binding once formalized, usually by filing it with the court.
In Maine, state law requires that any agreement reached through court-ordered mediation must be put in writing, signed by the parties, and presented to the court for approval. It only becomes legally binding once the court accepts it as a formal order. Without this step, the agreement is not enforceable as a court order.
As with any legal agreement, mediation settlements can be challenged under limited circumstances, like fraud or duress. Participants will typically sign a confidentiality agreement, meaning the details of the mediation process and discussions are not admissible in court unless an exception applies.
What happens if we can’t agree in mediation?
If no agreement is reached during court-ordered mediation, the case will move forward to trial as planned. Even after mediation, your legal team can continue negotiating with the other side. While a settlement isn’t always reached, the process can still be useful by helping both parties clarify their positions and narrow the issues for trial. Even if no agreement is reached, all discussions during mediation are confidential and can’t be used later in court, except in rare situations allowed by law.
Do I need a lawyer during mediation?
Yes. Mediation may be less formal than a trial, but it still involves legal strategy and negotiation with insurance companies. A lawyer can protect your rights and make sure any agreement you reach is clear and fair. Without legal guidance, you risk agreeing to terms that may not reflect the full value of your claim, or that leave out key protections you’ll need later.
Is mediation a good option?
Mediation can be a powerful tool when guided by the right legal team. At Shaheen & Gordon, our experienced personal injury attorneys bring the same level of preparation to mediation as we do to trial. We’ll make sure your goals are heard and your rights protected every step of the way.
If you’ve been injured and want to protect your rights at every stage of your case, we’re here to help. Call (800) 451-1002 or contact us online to request a free legal consultation today.
