What Is Personal Injury Mediation in Georgia?
Short answer: Personal injury mediation is a confidential meeting where you, the other side and a neutral mediator try to settle your claim without a trial. The mediator does not decide who wins, and nothing is final unless both sides sign a written agreement.
Definition
Mediation is a form of alternative dispute resolution, or ADR. The mediator, often an experienced lawyer or retired judge, moves between the parties, tests each side’s position and helps them look for a number both can accept. It can happen before or after a lawsuit is filed.
How it works in Georgia
- Court-ordered or voluntary: Many Georgia courts run court-connected ADR programs under the Georgia Supreme Court’s Alternative Dispute Resolution Rules, and a judge can order the parties to mediation. You must attend, but you never have to settle.
- Registered mediators: Mediators in court-connected programs must be registered with the Georgia Office of Dispute Resolution. In injury cases, the lawyers often pick a private mediator by agreement.
- Confidentiality: Statements and conduct in mediation are not admissible as evidence (O.C.G.A. § 24-4-408(b)), and the ADR Rules add confidentiality protections with narrow exceptions.
- Written agreement: In court-connected programs, a mediated settlement needs to be put in writing and signed by the parties. Do not rely on an oral deal.
- Who attends: You, your lawyer, the defense lawyer and an insurance representative with authority to settle.
Example
Your lawsuit over a crash on Peachtree Industrial Boulevard has been pending for a year, and depositions are done. The judge orders mediation. Over a full day with a private mediator, the insurer raises its offer several times, and both sides sign a settlement agreement before leaving.
Why it matters for your claim
- Many injury lawsuits settle at mediation or soon after.
- You stay in control: you decide whether to accept any offer.
- What you sign can be binding, so understand liens, fees and your net recovery before you sign.
Read more: What is the mediation process like for a car accident claim? and Where your Georgia personal injury settlement goes before you receive your check.
Related terms
Frequently Asked Questions
Is mediation the same as arbitration?
No. An arbitrator hears evidence and makes a decision, which is often binding. A mediator only helps the two sides negotiate, and there is no outcome unless you agree to settle.
Who pays for mediation?
The mediator’s fee is usually split between the parties unless they agree otherwise. Ask your lawyer how your share is handled under your fee agreement.
What happens if mediation does not settle the case?
The case continues toward trial. Talks often go on afterward, and many cases settle later using progress made at mediation.
Browse the full Georgia personal injury glossary
Questions about how this applies to your accident? Call 888-BIG-GUNN or request a free case review. There is no fee unless we recover for you.
This is general information about Georgia law, not legal advice for your situation.
