Mediation in Arizona Personal Injury Cases — What to Expect

If your personal injury case is in litigation and hasn’t settled through direct negotiation, the next step is usually mediation — a structured settlement conference led by a neutral mediator. Most Arizona courts require it before setting a trial date, and it resolves the majority of cases.

How Mediation Works

Both sides — you and your attorney, the defendant and their attorney (usually the insurance company’s lawyer) — meet with a trained mediator, typically a retired judge or experienced attorney. The mediator doesn’t decide the case. Instead, they shuttle between rooms, carrying offers and counteroffers, and helping both sides see the strengths and weaknesses of their positions.

Why It Works

Mediation works because both sides face the reality of trial risk. The insurance company doesn’t want to gamble on a jury verdict that could be much higher than their last offer. And you avoid the uncertainty, stress, and delay of a trial. The mediator — an experienced neutral — helps bridge the gap.

Your Role

You’ll attend mediation in person. The mediator may want to hear directly from you about your injuries and how they’ve affected your life. This is your chance to make the case personal — not just numbers on paper. A well-prepared client at mediation can move the needle significantly.

Can You Reject the Outcome?

Yes. Mediation is voluntary in the sense that you don’t have to accept any offer. If the insurance company won’t come to a reasonable number, you walk away and proceed to trial. This is why it’s critical to have an attorney who actually tries cases — the threat has to be real.

The Law Badgers prepare every case for trial from day one. That preparation makes mediation more productive. Call (833) DTF-IGHT.