Mediation is a facilitated settlement process, not a trial
A neutral mediator helps parties explore resolution but generally does not decide liability. Preparation often combines liability strengths and weaknesses, damages evidence, litigation risk, liens, and practical settlement priorities.
Prepare a settlement decision sheet
- Medical-negligence and causation disputes
- Documented damages and future needs
- Outstanding liens or reimbursement claims
- Nonfinancial terms that matter
- Authority and confidentiality questions
Questions for counsel before mediation
- Who will attend and who has settlement authority?
- What information will be confidential?
- How will offers be communicated?
- What happens if no agreement is reached?
Check current law before relying on a procedural rule
Medical-malpractice filing rules differ by state and can change. Use the relevant court, legislature, medical-board, and lawyer-licensing sources, and ask licensed counsel to calculate deadlines or filing requirements for a specific matter.