Stephen Hasner | Personal Injury | October 14, 2025
Your first mediation session is a structured, private meeting where a neutral third party, the mediator, helps both sides work toward a voluntary settlement agreement. Unlike a trial, there is no judge, no jury, and you are not required to speak to the opposing side directly.
The entire process is confidential under the Georgia Uniform Mediation Act (GUMA), which means nothing you say will be used against you later if the case doesn’t settle.
The purpose of mediation is to resolve your claim without the delay, expense, and uncertainty inherent in trial. It is a forum for negotiation that affords you control over the ultimate resolution. Our role is to manage the legal arguments and conduct negotiations; yours is to review the proposals, evaluate the options, and decide whether to accept a settlement.
If you have questions about your upcoming mediation in Atlanta, call us at 678-888-HURT (4878) to discuss your case.
Key Takeaways for Your First Mediation Session
- Mediation is a confidential negotiation, not a trial. The process is designed to achieve a voluntary settlement with the help of a neutral mediator, and Georgia law ensures all discussions remain private and cannot be used in court.
- You have the final say on any settlement agreement. While we provide legal counsel and handle all negotiations, the power to accept or reject any offer presented by the other side belongs entirely to you.
- The first offer is a starting point, not the final word. Insurance adjusters almost always begin with a low offer. Successful mediation involves a back-and-forth negotiation process to reach a fair resolution.
Why Mediation? Understanding the Purpose Before a Potential Trial
You might be wondering why your case is going to mediation instead of straight to a courtroom. It may seem like an unnecessary detour on the path to getting your case resolved.
The alternative, a trial, is a lengthy and unpredictable process. While Fulton County cleared 93% of its pandemic-related case backlog through its Project ORCA initiative, the court system remains a difficult environment where scheduling is outside your control. During the time it takes to get a trial date, bills continue to arrive while you wait for a resolution. Furthermore, the final decision at trial is left in the hands of a jury, removing your ability to have a say in the final outcome.
Mediation offers a more direct path. Studies show a high rate of success, with one analysis finding that mediation settled 78% of cases. This process is:
- Faster: Most sessions in Atlanta last for a few hours to a full day, and they are scheduled based on the parties’ availability, not a crowded court calendar.
- Less Costly: Resolving a case in one day saves significant costs compared to the expenses associated with a lengthy trial.
- Confidential: The discussions are private and protected by Georgia law, encouraging open and honest negotiation.
- You Retain Control: No agreement is reached unless you approve it. You hold the power to accept or reject any offer.
The Key Players: Who You’ll Meet During Your Mediation
The Mediator
The mediator is a neutral facilitator, not a judge. Their job is to guide the conversation, not to take sides or make decisions.
In Atlanta, mediators are typically experienced former attorneys or judges who have deep experience in personal injury and workers’ compensation cases. Under the Georgia Alternative Dispute Resolution (ADR) Rules, they must remain impartial. Their only goal is to help both sides find common ground if possible.
You and Your Hasner Law Attorney
We will present the legal arguments, handle the negotiations, and provide you with guidance on the offers presented. We are there by your side throughout the entire day to manage the process so you may focus on the decisions.
The Insurance Adjuster
This individual represents the insurance company and holds the authority to make settlement offers. Their interest is to resolve the claim while protecting their company’s financial interests. This means they are balancing the payment of your claim against their business’s bottom line.
The Defense Attorney
This person will argue on behalf of the at-fault party and the insurer. All communication with them will be handled by your mediation attorney, so you will not have to speak with them directly.
A Step-by-Step Guide to the Mediation Process in Atlanta
Step 1: The Joint Session – A Brief Introduction
The day begins with everyone in a main conference room. The mediator will introduce themselves, explain the rules of mediation (especially confidentiality), and lay out the schedule for the day. Your attorney will have prepared you for this, and you will not be required to speak. Your Hasner Law attorney may give a brief opening statement summarizing our position, and the defense attorney may do the same.
Step 2: The “Caucus” – The Core of the Mediation
After the joint session, the two sides will separate into private rooms. This is where you will spend most of your day. The legal term for these private meetings is a “caucus.”
The mediator will shuttle back and forth between the two rooms, carrying messages, arguments, and settlement offers.
- In Your Room: When the mediator is with you and your attorney, they will listen to your side. We will talk about the strengths of your case, the details of your injuries, and the impact the incident has had on your life.
- In Their Room: The mediator will then go to the other room and have a similar private conversation with the insurance adjuster and their attorney.
This process allows the mediator to have candid conversations that might not be possible if everyone were in the same room. What you say to the mediator in caucus is confidential and will not be shared with the other party unless you give explicit permission.
Step 3: The Negotiation – Offers and Counter-Offers
The mediator will eventually bring the first settlement offer from the insurance company. It will almost always be low. This is a normal starting point for a negotiation, not a final statement on your case’s value. Think of it as the opening bid in a discussion.
Your attorney will discuss the offer with you in private, providing our assessment of whether it is fair based on the facts of your case and similar outcomes. We will then decide on a counter-offer to send back with the mediator. This back-and-forth process may repeat several times throughout the day as both sides move closer to a potential agreement.
Step 4: The Resolution – Reaching an Agreement or Declaring an Impasse
The day ends in one of two ways.
- If an Agreement is Reached: If both sides agree on a settlement number, the mediator will draft a settlement agreement. Your attorney will review this document carefully with you before you sign anything. Once signed, this agreement is a legally binding contract.
- If No Agreement is Reached: Sometimes, the insurance company is unwilling to make a fair offer. If this happens, the mediator will declare an “impasse.” This means your case will continue to move toward trial. As stated by Georgia law, all discussions during mediation remain confidential and cannot be mentioned in court.
How to Prepare for a Successful Mediation
1. Review the Details of Your Case With Us
We will sit down with you to review the key facts of your case prior to mediation. This includes how the incident happened, the medical treatment you’ve received, and how your injuries have affected your work and daily life. You do not need to memorize anything, but being familiar with these details helps you feel more comfortable and confident during the process.
2. Understand Your “Bottom Line,” But Remain Flexible
We will have a detailed conversation with you about a reasonable settlement range for your case. We advise having a “bottom line” number in mind—the minimum amount you would be willing to accept. Mediation requires good faith participation, which means being open to negotiation. New information or perspectives may come to light during the session that could shift the value of your case, and flexibility is key.
3. Dress Appropriately and Plan for the Day
- What to Wear: Business casual is appropriate. Think of it as a serious business meeting, not a formal court appearance.
- What to Bring: You do not need to bring extensive documentation, as we will have the complete case file. You may want to bring a book, tablet, or something else to occupy your time, as there will be periods of waiting while the mediator is in the other room. Plan to be there for the entire day to avoid feeling rushed.
4. Focus on Your Goal, Not on “Winning”
Mediation is not about proving the other side wrong or seeking an apology. It is a business transaction designed to resolve your legal claim. The goal is to reach a fair financial resolution that you are satisfied with. Staying focused on that objective will help you remain clear-headed and make decisions that are in your best interest.
Frequently Asked Questions About Mediation in Atlanta
Do I have to speak to the other side’s attorney?
No. All communication will go through your Hasner Law attorney and the mediator. You will likely never speak directly to the defense attorney or the insurance adjuster. Your comfort and protection are the main priority.
Is mediation required for my personal injury case in Georgia?
In many Georgia jurisdictions, including Fulton and DeKalb counties, judges will order parties to attend mediation before they will be given a trial date. Consulting with an Atlanta personal injury lawyer can be helpful during this stage, as mediation is a standard and productive step in the litigation process.
What if I feel pressured by the mediator to settle?
A mediator’s role is to facilitate, not to force. They may point out potential weaknesses in your case to encourage compromise—and rest assured they are doing the same thing in the other room with the insurance company. Your attorney is there to act as a buffer and to advise you. You have the absolute final say, and we will not let you be pressured into an unfair agreement.
What happens to my medical bills if we settle?
Part of the settlement process involves resolving any outstanding medical liens or bills. Your settlement amount is designed to cover these expenses, along with your other damages like lost wages and pain and suffering. We will handle the negotiations with your medical providers and lienholders after the settlement is finalized.
Does mediation happen online or does it have to be in person?
Yes, since 2020, many Atlanta mediation providers now offer virtual mediation services conducted via video conference. This allows all parties to participate from their own homes or offices, offering a greater degree of flexibility. We will discuss which format is best for your specific case.
Let’s Protect Your Rights, Together
The final decision to settle your case is yours alone, but you do not have to make it alone. Our role is to provide you with the information, legal counsel, and steadfast support you need to make that choice with confidence. We manage the legal process so you may focus on what’s best for your future.
If you are preparing for mediation and need to speak with an attorney, call Hasner Law PC at 678-888-HURT (4878). We are here to answer your questions.
