Mediation, and how most cases actually end
Trials are what people picture. Mediation is what usually happens. It is an unglamorous day in a conference room that resolves the large majority of filed injury cases, and knowing its shape removes most of the anxiety.
What it is
A voluntary, confidential negotiation run by a neutral third party — commonly a retired judge or an experienced attorney who does this full time. The mediator has no power to decide anything. Their job is to get the parties to an agreement.
California protects mediation confidentiality strongly. What is said in mediation is generally inadmissible afterwards, which is precisely what allows both sides to discuss weaknesses in their own case candidly.
A mandatory settlement conference is a related but different thing: ordered by the court, usually shortly before trial, and conducted by a judge or appointed attorney.
How the day runs
- A week or two ahead
Briefs beforehand
Each side sends the mediator a confidential brief setting out the case, the evidence and the position. The mediator arrives knowing the file.
- From the start, usually
Separate rooms
Modern practice is often to skip a joint session entirely. You will likely be in one room with your attorney and never see the other side.
- Most of the day
Shuttle negotiation
The mediator moves between rooms carrying offers and, more usefully, testing each side's assumptions. Expect long stretches of waiting. Bring something to do.
- Hours three to six
The grind
Movement is small and slow, and it frequently feels like nothing is happening. This is normal and is not a sign of failure.
- Late in the day
Resolution or impasse
If it settles, the terms are written down and signed before anyone leaves — an unsigned agreement is not one. If not, cases frequently settle in the following weeks, with the mediator continuing by phone.
Your part in it
You must attend and you must have authority to settle. The decision to accept or reject is entirely yours — your attorney advises, the mediator cajoles, and nobody can settle your case without your agreement.
The most useful preparation is working out, in advance and with full information, what number you would accept, and understanding the net rather than the gross — after fees, costs and liens. Negotiating against a gross figure you have not translated into a net one leads to bad decisions in a tired room at 5pm.
Questions people ask
Do I have to go?
Yes, generally, and you need authority to settle. The decision to accept any offer is entirely yours — a mediator has no power to impose anything and your attorney cannot settle without your agreement.
Will I have to face the other driver?
Usually not. Modern mediation commonly keeps the parties in separate rooms for the whole day, with the mediator moving between them. Say in advance if being in the same room would be difficult.
What if it does not settle?
The case continues toward trial, and a significant proportion of cases that do not settle on the day settle in the following weeks with the mediator continuing by phone. An impasse is a stage, not an ending.
Related
Reviewed October 2026 by Simon Aziz Budhwani, Esq., the attorney responsible for this site. Legal statements here name the California code section they rely on, so you can check them rather than trust them. This is information about the law in general, not advice about your situation.
Find out where you stand.
Tell us what happened and we will tell you honestly whether you have a claim worth bringing, what it is likely to involve, and how long it tends to take. The review is free and there is no fee unless there is a recovery.