Emanuel Law Group

Free Consultation
(800) 308-0870

San Mateo (650) 369-8900
San Francisco (415) 399-1112
San Jose (408) 943-8833

Llame hoy para una Consulta Inicial Gratuita
(800) 308-0870

Oficina de San Mateo (650) 369-8900
Oficina de San Francisco (415) 399-1112
Oficina de San Jose (408) 943-8833
  • Home
  • Attorney Bios
    • Todd P. Emanuel
    • Pamela E. Glazner
  • Practice Areas
    • Sexual Assault
    • Wrongful Death
    • Traumatic Brain Injuries
    • Catastrophic Injuries
  • Results
    • Major Win
  • Testimonials
  • Blog
  • Contact
  • Español
  • Áreas de Práctica
    • Abogados De Heridas Personales Del Área De La Bahía
  • Descripción De La Firma
    • Todd P. Emanuel
    • Gary Simms, Of Counsel
  • English
You are here: Home / Injury Settlements / What is Mediation?

What is Mediation?

Todd P. Emanuel March 27, 2018 Leave a Comment

Mediation has become the most popular means of settling cases. It is a form of alternative dispute resolution (ADR).

A mediator is a neutral.   She is usually an experienced lawyer or retired judge, with subject matter expertise in the type of case being mediated. The parties usually share the cost of the mediator.  Legal briefs are sent to the mediator in advance of the session to familiarize the mediator with the case.

During mediation, the mediator facilitates negotiation between the parties and goes back and forth from plaintiff to defendant to try to forge a compromise.   If all goes well, a binding written settlement agreement is generated and signed before the parties leave the mediation session.

Clients typically like mediation because the mediator has no power to control the parties.   The parties have ultimate control to accept or reject settlement offers and to walk away from the bargaining table at any time.  The mediation process also tends to be very non-confrontational.  The attorney and client will normally have their own conference room located far away from the defense.

Q: Can the defense use the result of the mediation in a trial later?

Mediations are confidential.  At the beginning of every mediation, the lawyers and the parties are required to sign a confidentiality agreement, which means that settlement demands, offers and counter-offers are not admissible at trial.

The intent of confidentiality is to allow the parties to negotiate openly without having to worry a judge or jury will be allowed to consider negotiations, when weighing the evidence in rendering a verdict. In most mediations, there is really nothing to lose other than the time and money devoted to the mediation process.

Q: Are retired judges the best mediators?

Not always.

Judges tend to be accustomed to making orders and rulings that tell the people what to do.   Mediators do not have that luxury — the mediator cannot force a lawyer or a party to do anything.   Mediators must rely on their ability to understand the case and make persuasive points on both sides, and to build trust with the lawyers and parties in order to help them come to a voluntary decision to settle the case.

Learn more about the Emanuel Law Group.

Filed Under: Injury Settlements, Personal Injury Damages, Personal Injury Lawsuits, Personal Injury Lawyers

Join the Conversation

Your email address will not be published. Required fields are marked *

Contact Us Today

  • This field is for validation purposes and should be left unchanged.

Contacta con nosotros hoy

  • This field is for validation purposes and should be left unchanged.

SIGN UP FOR OUR NEWSLETTER

Recent Blog Posts

  • Why Do You Need a Bicycle Accident Attorney in the Bay Area?
  • When to Call a Truck Accident Attorney in Silicon Valley
  • Things to Consider When Hiring a Motorcycle Accident Attorney
  • Dog Owners Can be Liable for Injuries Caused by Their Animals
  • Domestic Violence Attorney: Take Back Control of Your Life

Office Locations

Ubicaciones de Oficinas

San Mateo Office

411 Borel Avenue, Suite 425
San Mateo, CA 94402
(800) 308-0870 Main
(650) 369-8900 Ext. 1015

Oficina de San Mateo

411 Borel Avenue, Suite 425
San Mateo, CA 94402
(800) 308-0870 Principal
(650) 369-8900 Ext. 1015

San Francisco Office

505 Montgomery St, 11th Floor
San Francisco, CA 94111
(415) 399-1112

Oficina de San Francisco

505 Montgomery St, 11th Floor
San Francisco, CA 94111
(415) 399-1112

San Jose Office

2880 Zanker Rd, #203
San Jose, CA 95134
(408) 943-8833

Oficina de San Jose

2880 Zanker Rd, #203
San Jose, CA 95134
(408) 943-8833

©2025 Emanuel Law Group. All Rights Reserved. Disclaimer | Privacy Policy
Sign Up for Our Newsletter!