INSIDE A SUCCESSFUL MEDIATION: HOW WE RESOLVED A TOUGH PERSONAL INJURY CASE WITHOUT TRIAL
In the world of Personal Injury litigation, courtroom battles often dominate the headlines. But what you don’t always hear about are the quiet wins—the cases resolved through mediation, where both sides leave the table with dignity, closure, and real results.
Recently, I had the privilege of mediating a particularly challenging Personal Injury dispute that exemplifies how mediation can be a game-changer—for plaintiffs, defense counsel, and insurers alike.
The Case: Complex Liability, Serious Injuries
The matter involved a motor vehicle collision on a Florida highway. The plaintiff, a middle-aged man, sustained serious orthopedic injuries requiring surgery and ongoing therapy. Liability was contested: the defendant claimed the plaintiff made an abrupt lane change, while the plaintiff insisted he was rear-ended without warning.
Both sides were preparing for trial. The stakes were high. Emotions were higher.
Mediation: What Made It Work?
As the mediator, my job wasn’t to take sides—but to create a space where both parties could communicate clearly, evaluate risk, and consider what really mattered.
Here’s what helped this case settle after 6 hours of negotiation:
1. Preparing Both Sides in Advance
Before mediation, I reached out to both attorneys for pre-session calls. We discussed:
• Client personalities
• Insurance limits
• Prior settlement offers and their context
• Known barriers to resolution
• Pretrial rulings
This preparation allowed me to walk in with insight—not assumptions.
2. Setting the Right Tone from the Start
The mediation opened in private caucus,* per both parties’ request. I took time with each side to:
• Acknowledge the emotional and financial toll of the case
• Reinforce confidentiality
• Encourage open, flexible thinking—not rigid posturing
Mediation isn’t about winning. It’s about resolving.
3. Helping Each Party Face Reality—Without Losing Face
Plaintiff’s counsel was stuck on a seven-figure number. Defense came in at about half of that.
Instead of trying to “force” movement, I helped each party reframe the risk:
• What does trial uncertainty really look like?
• How will each side feel if the jury surprises them?
• Is a known, negotiated outcome better than a high-risk verdict?
Once the plaintiff saw that a structured settlement could meet his needs now, and the defense recognized that early resolution avoided rising trial costs, the gap began to close.
4. Never Giving Up (Even When It Looked Hopeless)
At one point, both attorneys told me, “We’re done.”
But I asked for 15 more minutes. I switched strategies, invited creative solutions (like a stepped payment plan), and reminded everyone: “If we don’t resolve this here, we hand the power to a jury.”
That pause? It worked. The parties made a final push. By hour six, we had a signed agreement.
The Outcome: A Resolution That Worked for Everyone
The plaintiff walked away with real compensation, peace of mind, and no drawn-out trial. The defense avoided unpredictable jury exposure and months of preparation.
No one “won.” But everyone moved forward.
Final Thought: Mediation Works—When Done Right
This case is a reminder that mediation isn’t just a procedural box to check. When approached strategically, it can unlock outcomes that litigation often can’t deliver: control, cost savings, speed, and sanity.
If you’re an attorney looking for a neutral who listens, prepares, and knows when to push and when to pause, I’d be honored to assist in your next case.
Ready to schedule a mediation? Call (305)661-7000 or email me at JDobkin@Dobkinlaw.com.
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*Not my usual style.
**There is no charge for my humor.
