Stephen Hasner | Personal Injury | October 15, 2025
While a typical mediation session in Georgia lasts a half-day (4 hours) or a full day (8 hours), the entire process usually takes several weeks to a few months. The timeline depends on the complexity of your personal injury or workers’ compensation case, the schedules of everyone involved, and how far apart the two sides are on a settlement figure.
Dealing with this process while recovering from an injury adds another layer of stress, especially as medical bills accumulate. Our role at Hasner Law is to manage this timeline, handle the legal legwork, and position you for a successful outcome, letting you focus on your health.
If you have questions about your specific situation and the mediation process, call us for a free consultation at 678-888-HURT (4878).
Key Takeaways for Georgia’s Mediation Process
- Mediation is a standard step, not a sign of weakness. Georgia courts use mediation to resolve cases efficiently, and it is a mandatory part of litigation in many personal injury claims.
- The process takes weeks or months, not days. While the mediation session itself is just a day, scheduling all parties and the mediator typically takes 30 to 90 days.
- A signed agreement is a legally binding contract. Once you agree to and sign a settlement, the case is resolved, and the terms are enforceable in court.
What Is Mediation in Georgia, and Why Do Courts Use It?
The court system is slow and expensive. The thought of a formal trial is stressful for most people. Georgia’s courts recognize this, seeing how litigation drags on, depleting your resources and delaying resolution. In fact, the state constitution mandates that the judicial branch provide a “speedy, efficient, and inexpensive resolution of disputes.”
Mediation is the court’s preferred solution to this problem.
What Is Mediation?
Simply put, mediation is a confidential meeting where you, your attorney, the opposing side (and their attorney/insurance adjuster), and a neutral third party, called the mediator, come together.
The mediator’s job is to help both sides find common ground and reach a settlement agreement that everyone accepts. This is a key part of Georgia’s approach to Alternative Dispute Resolution (ADR).
Why Is Georgia Pushing for Mediation?
- It’s Effective: Mediation frequently leads to a settlement, allowing both parties to avoid the risk and expense of a trial.
- It’s Efficient: The process is significantly faster than a trial, which takes months or even years to conclude.
- It’s Cheaper: A one-day mediation is significantly less expensive than a multi-day trial. As Georgia’s Department of Community Affairs notes, ADR is generally faster and less expensive than traditional litigation.
- The Agreement is Binding: A settlement agreement reached and signed in mediation is a legally enforceable contract under Georgia law.
The Georgia Mediation Timeline: A Step-by-Step Breakdown
The Referral to Mediation
- Court-Ordered: In many Georgia circuits, a judge will order the parties to attempt mediation before a trial date is scheduled. This is a standard part of the litigation process.
- Voluntary: In other cases, we might suggest mediation to the other side as a way to resolve the case sooner and more efficiently.
- Timeline: This typically happens after initial information has been exchanged (a process called “discovery”) but before the final trial preparation phase.
Selecting a Neutral Mediator
- How it Works: We and the defense attorney will agree on a mediator. This is usually a retired judge or an experienced attorney who has been trained in dispute resolution. If we do not agree, the court will appoint one from its list.
- Timeline: Selecting a mediator privately takes a week or two of back-and-forth between the law firms. In some juvenile court cases, the court is required to appoint a mediator within five days.
Scheduling the Mediation Session
- The Biggest Variable: This is typically the longest part of the wait. It requires finding a date that works for you, your mediation attorney, the defense attorney, the insurance adjuster, and the mediator.
- Timeline: Expect this to take anywhere from 30 to 90 days, depending on everyone’s calendar availability.
The Day of Mediation
- What to Expect: Most sessions are scheduled for a half-day (4 hours) or a full day (8 hours). You’ll be in a private room with us, and the mediator will move between our room and the other party’s room, relaying offers and arguments.
- Timeline: 4-8 hours.
After the Session
- If You Reach an Agreement: The mediator helps draft a Memorandum of Agreement. We will review it carefully before you sign. The settlement check usually follows within 30-60 days, though this varies.
- If You Don’t Reach an Agreement: This doesn’t mean your case is lost. It simply means the next step is to continue preparing for trial. Sometimes, a case settles in the weeks following an unsuccessful mediation as both sides continue to negotiate.
- Timeline: 1-2 hours for drafting, 30-60 days for payment processing.
What Factors Change How Long My Mediation Takes?
You’ve seen the typical timeline. Now, let’s look at why your specific case might move faster or slower through the process. Several key factors may directly impact the schedule.
The Complexity of Your Injuries and the Incident
A case involving a single broken bone and clear fault will move faster than a case with complicated spinal injuries, multiple at-fault parties, and questions about future medical needs. More complexity means more documents to analyze and more points to negotiate.
The Status of “Discovery”
Discovery is the formal process of exchanging information like medical records and witness statements. If discovery is complete, mediation happens quickly. If we are still waiting on expert reports, mediation will be scheduled further out to allow time to gather that necessary information.
The Personalities and People Involved
The process relies on human cooperation. A reasonable insurance adjuster and an efficient defense attorney shorten the timeline. Conversely, difficulty in scheduling with multiple parties causes delays.
The Monetary Gap
If your valuation of the case and the insurance company’s initial offer are worlds apart, it may take more than one mediation session or further negotiation to bridge that gap. The bigger the disagreement, the longer it may take to resolve.
Our Role
While we cannot control all these factors, our objective at Hasner Law is to push the process forward efficiently. We keep the pressure on by promptly responding to requests, following up on scheduling, and preparing thoroughly to remove any unnecessary delays.
Different courts and case types also have their own timelines. For instance, the Augusta Judicial Circuit may set a firm deadline for mediation to be completed in its referral order. Additionally, some cases have legally mandated timelines. As an example, juvenile court mediation must be scheduled within 30 days of the referral, which imposes strict deadlines in certain situations.
What Happens When Settlement Payments Are Delayed or Disputed
While mediation agreements are legally binding contracts under Georgia law, collecting settlement payments presents challenges that victims should understand before signing. The process doesn’t always end when everyone shakes hands and signs the Memorandum of Agreement.
Insurance Company Payment Disputes
Insurance companies sometimes dispute settlement terms after mediation, claiming their adjuster lacked authority to agree to specific amounts or that agreement language is ambiguous. These disputes delay payment while legal teams resolve interpretation issues.
Some adjusters promise payment timelines during mediation that their companies later claim are unrealistic, particularly when settlements require approval from higher-level executives or reinsurance companies.
Georgia Enforcement Mechanisms
When defendants fail to pay settlement amounts on schedule, Georgia Superior Courts provide specific enforcement tools. Converting your mediation agreement into a court judgment allows use of collection mechanisms like wage garnishment, bank account levies, and property liens. However, these enforcement procedures require additional legal fees and court time that extends your case resolution.
Structured Settlement Complications
Settlement agreements involving payment plans rather than lump sums create ongoing collection risks. If defendants face financial difficulties months later, structured payments may stop without warning. Payment guarantees, security provisions, and default remedies protect settlement recipients from future collection problems.
How Our Firm Prepares You for an Efficient and Successful Mediation
We Build Your Case on Paper
Before the first session, we prepare a detailed document called a “mediation statement.” This is a confidential brief for the mediator that tells your story.
It outlines the facts of the incident, summarizes your medical treatment, details your lost wages, and explains how the injury has impacted your life. We present a clear legal argument for why the other party is responsible and justify the settlement amount we are demanding.
We Prepare You for the Day
We will sit down with you before the mediation. We won’t just tell you where to be and when. We will discuss our strategy, the strengths and potential weaknesses of your case, the likely arguments the other side will make, and what to expect from the mediator. We will also talk about a realistic range for settlement, so you are able to make an informed decision without feeling pressured.
We Manage the Negotiation
During the mediation, you will not be the one doing the talking or arguing. That’s our job. We will present your case, counter the defense’s arguments, and handle all the back-and-forth of the negotiation. Your role is to listen, ask us questions, and make the final decision on any settlement offer. We provide the information and advice while you hold the power.
This level of preparation sends a clear message to the opposition that we are ready, we know what your case is worth, and we are prepared to go to trial if a fair offer is not made. This is how we leverage mediation to get results.
Frequently Asked Questions About the Mediation Process in Georgia
Do I have to attend mediation if the court orders it?
Yes. If a judge orders your case to mediation, attendance is mandatory for both parties. However, reaching an agreement is completely voluntary. You are never forced to accept a settlement.
Will I have to speak to the person who caused my injury?
Typically, no. You will be in a separate conference room with us. The mediator acts as the go-between, so you do not have to have direct contact with the at-fault party.
Is what I say in mediation confidential?
Yes. The Georgia Supreme Court’s ADR rules and the Georgia Uniform Mediation Act emphasize confidentiality. Nothing you say during the session may be used against you later in court if the case does not settle. This allows for open and honest negotiation.
Who pays for the mediator?
In most personal injury cases, the cost of the mediator is split evenly between the plaintiff (you) and the defendant (the at-fault party’s insurance). Your personal injury lawyer will typically pay this cost on your behalf and it is reimbursed from the final settlement.
What if my case involves a government entity in Georgia?
Cases against government bodies have unique rules. The Georgia Planning Act, for example, provides for mediation in disputes between governments. We have experience handling these types of claims and will guide you through any special procedures.
Don’t Let an Uncertain Timeline Undermine Your Recovery
The wait for a resolution is one of the hardest parts of any injury claim. You might be tempted to take a low offer just to get it over with. The insurance company’s business model sometimes relies on this frustration. Our job is to make sure you don’t leave money on the table.
We understand the mediation timeline isn’t always as fast as we’d like. But a well-prepared case is more likely to result in a fair settlement, whether that happens in a single mediation session or further down the road. We manage the pace and the details for you.
Let us handle the legal timeline so you can concentrate on getting better. Call Hasner Law PC Personal Injury & Workers’ Compensation Attorneys today to discuss your case. The consultation is free and confidential.
Reach us at 678-888-HURT (4878).
