Most personal injury lawsuits in Texas never make it all the way to trial. Instead, they’re resolved through settlement — and one of the most common ways to reach that resolution is through mediation. Mediation is a structured, confidential negotiation process designed to help both sides agree on a fair outcome without going to court.
Here’s how mediation works in a Texas personal injury case, and what you can expect if your case goes through this process.
What Is Mediation?
Mediation is a form of alternative dispute resolution (ADR) where a neutral third party — the mediator — helps the parties involved in a lawsuit negotiate a settlement. Unlike a judge, the mediator doesn’t make any decisions or rulings. Instead, they facilitate communication, offer feedback, and assist in finding common ground.
Mediation can happen:
- Before a lawsuit is filed (informal mediation)
- During the litigation process (court-ordered or voluntary)
- Right before trial, in an attempt to avoid court
In Texas, many courts require mediation before setting a trial date, especially in civil cases like personal injury claims.
How Mediation Works in a Personal Injury Case
- Choosing a Mediator
The parties agree on a mediator — usually a retired judge or experienced attorney who understands personal injury law. - Pre-Mediation Submissions
Each side may submit a confidential statement summarizing the case, including injuries, damages, and legal arguments. - Opening Session
The mediation begins with all parties (plaintiff, defendant, lawyers, and insurance representatives) meeting together. The mediator explains the process, and each side may give a brief overview of their position. - Private Sessions
The parties then separate into different rooms. The mediator goes back and forth between them, relaying offers, counteroffers, and perspectives. These discussions are confidential. - Negotiation
The mediator works to narrow the gap between the parties’ positions, address concerns, and find creative solutions. This may take several hours — or an entire day. - Settlement or Impasse
If the parties reach an agreement, the terms are put in writing and signed. If no agreement is reached, the case continues toward trial — but mediation often lays the groundwork for future settlement.
Benefits of Mediation in Personal Injury Lawsuits
- Faster resolution than waiting for trial
- Less expensive than prolonged litigation
- Confidential — unlike a public courtroom
- More control over the outcome for both sides
- Reduces stress for the injured person and their family
- Opportunity to be heard — many clients appreciate having a voice in the process
Even if mediation doesn’t result in a full settlement, it often leads to partial resolution or encourages settlement soon after.
What Happens If Mediation Fails?
If the parties don’t reach a settlement, the case returns to the litigation timeline. However, mediation usually helps clarify the strengths and weaknesses of each side’s position, making trial preparation more focused and efficient.
Sometimes, a second round of mediation is scheduled closer to trial once both sides have more information.
Is Mediation Required in Texas?
While not required by law in all personal injury cases, many Texas judges order mediation before trial. In some counties, it’s standard practice — especially in car accident and commercial trucking cases.
Your personal injury attorney will let you know if mediation is required in your case and will help you prepare thoroughly.
Spagnoletti Law Firm Guides Clients Through Mediation and Settlement
Mediation is one of the most important steps in many personal injury cases — and having experienced legal representation can make all the difference. At Spagnoletti Law Firm, we prepare every case as if it’s going to trial, but we also negotiate strategically during mediation to pursue the best possible outcome for our clients.
If you’ve been injured and are navigating the legal process in Texas, we’re here to help at every stage — from initial claim to mediation, trial, or settlement.
📞 Call 713-804-9306 for a free consultation with a Texas personal injury attorney. No fees unless we recover compensation for you.