July 01, 2025
Mediation is a form of alternative dispute resolution. It helps two sides of a dispute find common ground and come together to find a mutually acceptable solution. In mediation, a neutral third party fosters communication and compromise between the opposing sides. Mediation can be a helpful tool in your personal injury claims because it helps individuals avoid the stress of a trial. Unfortunately, mediation doesn’t always result in an acceptable outcome. Especially when one side refuses to negotiate in good faith, it’s essential to focus on understanding personal injury mediation. What happens when it fails, so you can be fully prepared for the possibility of going to trial.
When mediation fails, what are the next steps in the personal injury claim process? Understanding your options for pursuing compensation after mediation fails can help you prepare for what’s to come.
What Happens When Mediation Fails in a Personal Injury Claim?
Mediation in Indiana personal injury cases can be highly beneficial. It allows both sides of a dispute to lay out their issues and come to a compromise. However, mediation doesn’t always end in a compromise that both sides can agree to. When mediation fails, an accident victim may feel frustrated or confused about what comes next.
The outcome of a failed mediation can vary depending on the circumstances. Sometimes, mediation is a voluntary, collaborative process initiated by both sides of a dispute. When one or both parties cannot agree on an outcome, it may be time to move forward with litigation, such as a personal injury lawsuit.
In other instances, a personal injury lawsuit is filed, and the court requires all parties to participate in mediation. Court-ordered mediation is one option a judge may pursue to compel all parties involved to negotiate to avoid the costs and time associated with moving a case through the crowded civil legal system. However, even when court-ordered, there is no guarantee that both parties will agree. When a court-ordered mediation fails, the court can require a second mediation or additional settlement negotiations.
A trial may be the only remaining option when either form of mediation fails to result in a resolution.
Trial Preparation After Mediation Fails: What happens when mediation fails in personal injury
Working with an experienced personal injury attorney has benefits from the get-go is vital. Not only can an attorney represent you during mediation efforts. They can also immediately prepare for trial if mediation fails. Having an attorney helps prevent any lapses in representation and advocacy. It also helps ensure your issues get addressed promptly, so you do not miss the crucial window for moving forward with a personal injury lawsuit.
The shift from mediation to trial requires careful, strategic preparation to give you the best chance at a successful outcome. Some of the trial preparation steps that may come after mediation fail include:
- Reviewing Trial Materials – Depending on whether mediation was court-ordered or a voluntary decision, your attorney may have already gone through the discovery process. Discovery is the legal process of collecting and preserving evidence and exchanging it with the opposing side. It balances the scales and ensures everyone has the same information to build a case. An attorney may review and organize evidence and trial materials, reevaluating the case’s strengths and weaknesses and developing a trial strategy.
- Finalizing Witness Lists – An attorney also takes the time to confirm which witnesses they need for trial and who can testify on an accident victim’s behalf to strengthen their case.
- Pre-Trial Motions – Before trial, both sides can file pre-trial motions to resolve issues or help narrow the scope and focus of the trial.
- Preparing You for Trial – If you must testify in court, your attorney will also use this time to help prepare you for what to expect. They may advise you on what to do during cross-examination by the opposing attorney, help you practice responses, go over what to expect in the courtroom, and even help you decide what to wear and how to present yourself to the court.
- Settlement Negotiations – Mediation may have failed. However, as a personal injury case moves close to its trial date, one or both sides may have increased pressure or motivation to engage in a settlement agreement. If new rounds of negotiations fail, you and your attorney are already prepared to head to court.
An Indiana Personal Injury Lawyer Can Advocate for You
Moving forward with mediation or a personal injury lawsuit after an accident caused by a careless individual can feel overwhelming. You need an attorney you can trust to guide you through the ups and downs of the legal process. At Custy Law Firm | Accident & Injury Lawyers, our Indiana personal injury lawyers can advocate for you and pursue all options for recovering maximum compensation for your injuries. Our team is here to help you understand your rights and take the first step toward securing the necessary benefits. Contact us online or call our office at (219) 286-7361 to arrange a free legal consultation.
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