Mediation is a popular and effective way to resolve disputes in both workers’ compensation and personal injury cases. Below, we’ve compiled the most frequently asked questions to help you understand how mediation works and why it may be the best option for settling your case.

General Questions About Mediation

1. What is mediation?

Mediation is a voluntary process where a neutral third party (the mediator) helps both sides negotiate a fair settlement without going to court. The mediator does not make decisions but facilitates discussions to help both parties reach an agreement.

2. How is mediation different from going to court?

Unlike a trial, which is public, adversarial, and legally binding, mediation is private, collaborative, and allows both sides to control the outcome. Mediation is also faster and less expensive than litigation.

3. Is mediation legally binding?

Mediation itself is not legally binding, but if both parties agree to a settlement, they sign a formal agreement that becomes legally enforceable.

4. How long does mediation take?

Mediation sessions typically last a few hours to a full day, but complex cases may require multiple sessions. It is still much faster than court, where cases can take months or years to resolve.

5. Who pays for mediation?

The cost of mediation is usually split between both parties, but in workers’ comp cases, insurance companies may cover the cost as part of the claims process. In personal injury cases, payment is often negotiated between attorneys and insurers.

Workers’ Compensation Mediation

6. When should I mediate my workers’ comp case?

You should consider mediation if:

• Your settlement discussions have stalled.

• You want to avoid a lengthy court battle.

• You need a fair compensation package that covers medical expenses and lost wages.

• Your case involves complex medical or legal issues.

7. What happens during a workers’ comp mediation session?

• Both sides present their positions.

• The mediator speaks privately with each party to explore settlement options.

• Negotiations take place to reach a compromise.

• If an agreement is reached, a formal settlement is drafted and signed.

8. Do I need a lawyer for workers’ comp mediation?

While it’s not required, having a lawyer can help protect your interests, especially if the insurance company is represented by legal counsel.

9. What happens if we don’t settle during mediation?

If mediation fails, you can still proceed with a court hearing or administrative trial. However, many cases that don’t settle immediately at mediation still reach an agreement shortly after.

10. Is mediation confidential?

Yes. Anything discussed in mediation cannot be used against you in future court proceedings, encouraging open and honest negotiations.

Personal Injury Mediation

11. When is mediation used in a personal injury case?

Mediation is commonly used when:

• The insurance company offers a settlement that is too low.

• Liability (who is at fault) is disputed.

• You want to avoid the cost and time of a trial.

12. How does mediation work for personal injury cases?

• The injured party (plaintiff) and the at-fault party (defendant or their insurer) meet with a mediator.

• The mediator facilitates negotiations between both sides.

• If a fair settlement is reached, it is documented and signed.

• If no agreement is reached, the case may proceed to trial.

13. What are the benefits of personal injury mediation?

• Faster resolution than court trials.

• Lower legal costs for both parties.

• Greater control over the outcome instead of leaving it up to a judge or jury.

• Less stress than a courtroom battle.

14. What if I don’t like the settlement offer in mediation?

You are not required to accept any offer made in mediation. If you believe the offer is unfair, you can reject it and continue negotiating or take your case to court.

15. Can a judge order mediation in a personal injury case?

Yes, in many jurisdictions, judges encourage or require mediation before allowing a case to proceed to trial.

Private Mediator vs. State Board Mediation

16. What’s the difference between using a private mediator and a state board mediator?

Private mediation for workers' compensation cases in Colorado is a superior option because it allows parties to select a mediator with real experience handling complex claims, rather than relying on a board-appointed mediator who may lack the same depth of knowledge. With a private mediator, you are paying for expertise—someone who understands the nuances of the law, the tactics used by both sides, and the best paths to resolution. This experience leads to more effective negotiations, faster settlements, and better outcomes than the often overburdened and less experienced state-appointed system.

17. Why should I choose a private mediator?

Private mediators offer more experience, flexibility, and personalized attention to help both sides reach a fair settlement faster.

Final Thoughts on Mediation

18. Is mediation a good idea for every case?

While mediation is effective in most disputes, it may not be ideal if:

• One party is unwilling to negotiate in good faith.

• The dispute involves criminal misconduct.

• There is a major power imbalance between the parties.

19. How do I find a good mediator?

Look for mediators with:

• Experience in workers’ comp or personal injury law.

• A neutral reputation.

• Strong negotiation skills.

• Availability to schedule quickly.

20. Can I request mediation if the other party hasn’t suggested it?

• Yes. Either party can propose mediation, and courts or insurance companies often encourage it as an alternative to trial.