Stephen Hasner | Personal Injury | October 14, 2025
Mediation is a private, structured negotiation process where you and the other party, guided by a neutral third-party called a mediator, work to agree on a settlement. Litigation, on the other hand, is the formal process of filing a lawsuit, which is ultimately decided by a judge or jury in a public courtroom.
For many personal injury and workers’ compensation claims in Georgia, mediation offers a path to resolution that is faster, less costly, and gives you direct control over the final outcome. While a lawsuit is sometimes necessary, mediation frequently provides a more direct way to achieve that goal.
If you have a question about how your personal injury claim could be resolved, call us at 678-888-HURT (4878).
Key Takeaways for Mediation vs. Litigation
- Mediation gives you the final say over any settlement. This means you cannot be forced to accept an offer you believe is unfair.
- Mediation resolves claims faster and at a lower cost than litigation. This allows you to receive compensation sooner and avoid the significant expenses of a court trial.
- The mediation process is completely private and confidential. Your personal information and negotiations are protected and cannot be used in court if a settlement is not reached.
The Core Difference: A Conversation vs. a Courtroom Battle
Litigation Is an Adversarial System
In a lawsuit, the process is designed for confrontation. Attorneys for each side present arguments to a judge or jury, who then imposes a final decision. The rules are rigid, the proceedings are public, and you hand control over your future to strangers who were not there when you got hurt.
In court, your experience is presented through witness testimony and evidence, all governed by strict legal procedures. It feels like your own story is no longer yours, but rather a set of facts to be debated and judged.
Mediation Puts You Back in Control
Mediation is a collaborative, not confrontational, process. It is a confidential conversation focused on finding a solution that both sides agree to. The key players have very different roles than they would in a courtroom.
- In Mediation:
- You (The Decision-Maker): No settlement is forced on you. You have the final say.
- Your Attorney (Your Advocate): We advise you, speak for you, and ensure any proposed agreement is in your best interest.
- The Mediator (The Facilitator): A neutral professional who helps guide the conversation and finds common ground. They do not take sides or make decisions.
- In Litigation:
- The Judge/Jury (The Decider): They listen to the evidence and make a binding final ruling.
- The Attorneys (The Adversaries): Each side’s lawyer argues to win, following formal court rules.
What Are the Tangible Benefits of Mediating Your Personal Injury Claim?
You Keep the Final Say
During a trial, the outcome is out of your hands once the case goes to the jury. In mediation, you are the one who decides. No one will make you accept an offer you feel is unfair. A settlement only happens if you agree to it, giving you ultimate control over the resolution.
Your Claim Is Resolved Much Faster
A lawsuit takes years to move through the Georgia court system. Mediation is typically scheduled within a few months and is frequently completed in a single day. This significant time difference means you receive compensation and close this chapter of your life much sooner, allowing you to focus on your recovery without a lengthy legal battle hanging over you.
It Generally Costs Less
Litigation involves significant expenses such as court filing fees, expert witness fees, extensive deposition costs, and trial preparation. Mediation avoids many of these costs. While there is a fee for the mediator, which is usually split between the parties, it is typically far less than the cost of taking a case all the way to a verdict.
The Entire Process Is Confidential
Lawsuits are public record. Your medical information, financial situation, and personal testimony could be accessible to anyone. Mediation is completely private. Under the Georgia Uniform Mediation Act, anything said during mediation is confidential and cannot be used later in court if a settlement is not reached. This allows for more open and honest negotiations in a secure environment.
The Solutions Are More Creative
A jury only awards money. In mediation, the parties may agree to other terms that a court cannot order. This might include structured settlements (payments over time), agreements about future medical care, or other non-monetary solutions that are tailored to your specific needs.
How Does the Mediation Process Actually Work in Georgia?
Step 1: Agreeing to Mediate
Both sides—you and the at-fault party’s insurance company—must agree to try mediation, as it is a voluntary process. In some cases, a Georgia court may order the parties to attend mediation before a trial date is set, recognizing its high rate of success. For example, federal courts in Georgia have a court-annexed mediation program to encourage settlement.
Step 2: Choosing a Neutral Mediator
Your attorney and the attorney for the other side will agree on a mediator to hire. This person is typically a retired judge or a seasoned lawyer with deep experience in handling injury cases. Their neutrality is their most important attribute; they are there to facilitate, not to take sides.
Step 3: The Opening Session
Everyone gathers briefly, either in person or in a virtual meeting, at the start of your first mediation session. Your attorney will present a short summary of your case and the impact the injury has had on your life. The other side’s attorney will do the same. This sets the stage for the day.
Step 4: Private Meetings (Caucuses)
This is where the real work of mediation happens. The mediator will separate the parties into different rooms. They will then shuttle back and forth, talking to each side privately. They will discuss the strengths and weaknesses of your case with you and your personal injury attorney, and then do the same with the other side. They carry offers and counteroffers between the rooms, working to bridge the gap between what the insurance company is offering and what you need for a fair settlement.
Step 5: The Resolution
If you reach an agreement: The mediator will help draft a formal settlement agreement. Once signed, this is a legally binding contract that resolves your claim permanently. Personal injury mediations have very high success rates.
If you do not reach an agreement: You simply walk away. Because the process is confidential, nothing said can be held against you. Your right to proceed with a lawsuit remains fully intact.
Is Mediation Always the Right Choice? When Might Litigation Be Necessary?
While mediation is a powerful tool, it is not the right fit for every single case. Part of our job is to advise you on the best strategy for your specific situation.
When Is Mediation the Preferred Path?
- The insurance company is acting reasonably and is willing to negotiate in good faith.
- Privacy and a swift resolution are your top priorities.
- Both parties have a clear understanding of the facts, and the dispute is primarily about the amount of compensation.
When Is a Lawsuit Necessary?
- The Insurance Company Is Unreasonable: If an insurer makes a drastically low offer and refuses to move, filing a lawsuit may be the only way to show them you are serious. The formal legal process forces them to dedicate more resources and re-evaluate their risk.
- There Is a Core Factual Dispute: If the other party denies all responsibility or there is a fundamental disagreement about how the accident happened, a judge or jury may be needed to establish fault.
- The Law Is Unclear: In rare situations, a case may present a unique legal question that requires a court’s interpretation to move forward.
How Insurance Companies Use Settlement Authority and Timing in Mediation
When you attend mediation in a personal injury or liability case, the insurance company is not just evaluating facts. They are following internal procedures and using strategic timing that directly affects what they offer and when.
Insurance Adjusters Have Pre-Set Limits
Insurance adjusters come to mediation with a cap on how much they are allowed to offer. This is called their settlement authority. If negotiations approach this limit, they often have to call a supervisor to request more authority. That process can delay negotiations or lead to follow-up sessions.
Defense Attorneys View Risk Differently
Once a case is in litigation, insurance companies assign defense attorneys. These lawyers assess your case by considering trial costs, the risks of a jury verdict, and the cost of hiring expert witnesses. As those expenses grow, settlement becomes more appealing, which can lead to higher offers than you would see early in the case.
Mediation Is Sometimes Used to Test Your Case
In some cases, early mediation is used by the insurer to observe. They may want to see how prepared you and your attorney are, or whether you seem likely to settle for less. They also look at how your case might appear to a jury before deciding whether to commit more resources to fight it in court.
Insurers also choose the timing of mediation carefully. They may push for early mediation to settle before harmful evidence comes out. In other cases, they delay until they gather enough favorable information to strengthen their position.
Settlement Offers Increase Near Trial
As the trial date gets closer, insurance companies often become more realistic. When discovery ends and expert reports are exchanged, the cost of continuing litigation rises. The unpredictability of a jury verdict also makes settlement more attractive. These are pressure points where serious negotiations tend to happen.
Frequently Asked Questions About Mediation vs. Litigation
What happens if we don’t reach an agreement in mediation?
Nothing negative. Your case simply proceeds as it would have before. Your right to file or continue with a lawsuit is completely unaffected. All discussions during mediation remain confidential.
Is a mediated settlement agreement legally binding?
Yes. Once you and the other party sign a settlement agreement, it is an enforceable contract. This means the claim is officially and permanently resolved, and you cannot sue for the same incident again.
Do I have to speak during the mediation session?
You are not required to speak if you are not comfortable doing so. Your attorney will do all the negotiating and legal arguing for you. Your role is to listen, understand the offers, and make the final decision.
Who pays for the mediator?
Typically, both parties split the cost of the mediator’s time. While this is an out-of-pocket expense, it is almost always significantly less than the costs associated with preparing a case for trial.
Can I represent myself in mediation to save money?
You have the right to do so, but we do not advise it. The insurance company will have an experienced mediation attorney and adjuster representing their interests. Without your own legal advocate, you are at a distinct disadvantage in negotiating a fair outcome.
How does online mediation work, and is it effective?
Online, or “virtual,” mediation has become common and works very well. It uses video conferencing technology, with virtual “breakout rooms” for private caucuses. It offers more flexibility for scheduling and removes the need for travel. Studies have shown it is just as effective as in-person mediation.
Take Back Control of Your Recovery
Mediation provides a way for your voice to be heard and for you to have a direct say in your financial recovery. Our practice focuses on guiding injured clients through this process, ensuring their story is told and their interests are protected at the negotiating table. The goal is to resolve your claim efficiently and fairly, so you focus on what matters most.
If you have questions about your options after an injury in Georgia, call us for a clear explanation of your rights. Contact Hasner Law PC Personal Injury & Workers’ Compensation Attorneys today at 678-888-HURT (4878).
