Beyond the Process: What Mediation Means for Plaintiffs, and Why it Matters

For many plaintiffs, mediation is unfamiliar territory. It often comes after months - or even years - of legal complexity, emotional strain, and escalating costs. And while lawyers and insurance professionals may attend dozens of mediations a year, plaintiffs are typically experiencing it for the first time.

The difference matters.

Mediation is not just a procedural step. It's a unique opportunity for resolution, healing, and progress - especially when handled with clarity, empathy and focus. In this post, I break down how mediators, plaintiffs, and professionals alike can get more out of mediation by understanding its true potential.

1. Mediation is More than a Legal Step

The justice system is adversarial by design. Mediation isn't.

In a courtroom, arguments are made, evidence is weighed, and a judge decides. In mediation, the parties themselves retain control. The process is confidential and voluntary, and the goal is consensus - not victory.

For plaintiffs, this shift can be powerful. Mediation offers:

• a space to share your story beyond legal arguments;

• the ability to influence the outcome directly;

• a faster, more flexible path to closure.

The mediator is not a judge. They are a neutral facilitator - someone whose role is to build a productive environment for communication, exploration, and settlement. When done well, mediation becomes more than a box to check. It becomes a turning point.

2. Common Misconceptions Plaintiffs Have

Because mediation often feels alike a "court day" many plaintiffs enter with misconceptions. Here are three of the most common:

"It's just like court" - Mediation is informal, private and designed for discussion - not judgment.

"The mediator picks sides" - A mediator doesn't take sides or make rulings. Their job is to facilitate resolution, not impose it.

"I won't get to speak" - While lawyers typically lead the legal discussion, plaintiffs often have the opportunity to speak - and when they do, it can be incredibly impactful.

3. How to Maximize Your Impact as a Plaintiff

If you're a plaintiff heading into a mediation, you may wonder: What should I do to prepare?

Here's how to get the most out of the process:

Ask questions early. Your lawyer and the mediator should explain what to expect. Don't hesitate to ask.

Understand your role. Even if you don't speak, your presence matters. You are not a passive observer - you are the reason everyone is at the table.

Share your experience. If appropriate, and with your lawyer's support, expressing how the incident affected you can influence how the other side views the case.

Focus on your goals. What does resolution look like for you? Closure? Compensation? An apology? Knowing this will help guide your decisions.

4. How Mediators Create Space for Resolution

The mediator plays a central role in shaping the tone and outcome of the mediation.

A strong mediator:

• Builds trust from the first contact. This includes making the plaintiff feel seen and informed.

• Explains the process clearly. This helps reduce anxiety and uncertainty, especially for those unfamiliar with legal settings.

• Encourages constructive communication. The mediator knows how to navigate tense moments and reframe challenges as opportunities.

• Protects neutrality. They remain unbiased while still being engaged and proactive.

5. For Lawyers and Adjusters: Elevating the Process Together

Lawyers and insurance adjusters often hold the institutional knowledge of how mediation works. But the plaintiff may not.

Here's how legal professionals can improve the experience for everyone involved:

• Frame mediation as an opportunity, not a formality.

  
  

• Prepare your client in plain language. Focus on the process, not just the evidence.

  
  

• Partner with the mediator. Share insights in advance about the client's needs, personality, or sensitivities to help set the right tone.

Everyone benefits when the mediation feels like a space for collaboration - not confrontation.

Mediation is where legal processes meet human stories. For plaintiffs, it can be the first time someone truly listens - not to win a case, but to understand what happened and how to move forward.

For mediators, it's a privilege and responsibility to guide that process with fairness, transparency, and respect.

If you're heading into mediation, or preparing a client who is, take the time to embrace the process as more than a checkbox. It might just be the most important step of all.