What You Shouldn’t Say During Mediation


When settling a personal injury case, mediation is often the most efficient and cost-effective way to resolve the matter. However, during mediation, it is vital to maintain the right attitude and avoid saying certain things that can negatively impact your case. In this blog post, we will discuss the worst things to say during personal injury mediation so that you can protect your interests and secure the best outcome possible.

What Not to Say During Mediation

“It Was My Fault.”

This phrase is one of the most damaging things you can say during a personal injury mediation. Admitting or implying fault with offhand statements is easier than you might think. This type of statement can be used against you by the other party. Instead, focus on the facts of the incident and let the mediator and the other party draw their conclusions. Remember, admitting fault can have serious consequences.

“It’s All Your Fault.”

You should also avoid this statement during personal injury mediation. Accidents are usually the result of a combination of factors, so attempting to blame one party for the entire incident can quickly derail negotiations. Furthermore, even if you believe that one party is more at fault, it’s better to focus on the facts rather than personal accusations. This approach can help build trust and create an environment where both parties can negotiate in good faith.

“It Was an Accident.”

This phrase can be seen as an admission of guilt during personal injury mediation and is something to avoid. It can sound like an acknowledgment of fault that could be used against you. While it may be true that an accident occurred, it is best to avoid using this language during mediation. Instead, focus on giving a factual and neutral account of the event. Speak to a personal injury attorney if you have questions about how to best approach any statement you make.

“I Don’t Remember.”

This statement can be damaging during a personal injury mediation. When you don’t remember something, it can make it seem like you are trying to hide something, are not being honest about your case, or cannot provide a reliable account of what happened. It also could prevent the mediator from finding any meaningful resolution to the dispute. If you genuinely cannot remember something, explain what you recall and be as transparent as possible.

“I Didn’t Mean To.”

This phrase is often used during mediation, usually to show sympathy and apologize for the incident. Unfortunately, using this phrase can be counterproductive as it can suggest you are admitting fault. While feeling bad about the situation is understandable, avoid saying, “I didn’t mean to,” as this could imply guilt and hurt your case.

“I’m Sorry.”

It can be tempting to apologize for the incident that led to your injury mediation, but this could harm your case. An apology can make it seem like you are admitting guilt and taking responsibility for the incident, which could undermine your claim in the eyes of the mediator. Even if you feel sorry for what happened, it’s best to avoid expressing regret or sympathy during mediation.

Don’t Offer New Information

When participating in a personal injury mediation, it is essential only to offer the information you have already provided and nothing more. New information can create confusion and lead to delays or additional negotiations. Even if you think the information is minor, it is best to let your lawyer handle any new information. They have the experience to evaluate the situation and determine whether or not further information could benefit your case.

Don’t Refuse to Participate

Participation is vital to a successful mediation. Refusing to participate can cause the process to drag on or even be canceled altogether. If you feel overwhelmed during mediation, take a break, but don’t stop communicating with your mediator or the other party. It’s important to remain open to suggestions and focus on finding a resolution that works for both sides.

Don’t Offer Ultimatums

When attending a personal injury mediation, never offer ultimatums. This will likely only make the other party more resistant and could lead to further animosity in the negotiation process. It’s best to keep an open dialogue without making threats or taking a hard-line stance.

Speak With a New Jersey Personal Injury Lawyer

If you or a loved one is involved in a personal injury case, speak with a New Jersey personal injury lawyer. The experienced attorneys at Brach Eichler Injury Lawyers can help you understand your rights and negotiate the best possible outcome for your case. Contact us today at (973) 364-8300 for a free legal consultation.

Related Posts:

What Happens After a Settlement is Mediated

How Long Does Mediation Take in a Lawsuit

How to Handle Mediation in a Personal Injury Case

When Mediation is Not a Good Idea

Written by: Brach Eichler Injury Lawyers Last Updated : December 29, 2023
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