Personal Injury Mediation
Resolve your Personal Injury Case More Quickly with Mediation
Personal injury cases can get messy.
Insurers dig in, victims feel bullied, and communication shuts down. Too often there's more posturing than real problem-solving.
As a mediator, Jeffrey R. Windsor is typically called in after a personal injury lawsuit has been filed. When two parties reach an impasse in negotiations, Jeff can transform these fights into collaborative dialogue and fair resolutions.
Have a Case You Would Like Reviewed?
Contact us now at 650-638-2360 if you would like to discuss your legal matter.
Personal Injury Mediation Solutions
Benefits of resolving personal injury cases through mediation:
Save the expense and uncertainty of trial
Get faster resolution, rather than dragging out litigation
Protect privacy and confidentiality
Craft solutions not limited to court judgments
Have a say in the final outcome
Our Approach to Personal Injury Mediation
Confidentiality Agreement
Before formal mediation discussions occur, all participants — including the plaintiffs’ team, defense team, and the mediator - sign a confidentiality agreement. That ensures that statements made during the mediation cannot later be used against either party if the case proceeds to trial.
Pre-Mediation Conferences, Mediation Briefs, and Opening Statements
Representation for both the plaintiff and defense will outline case details as they see them, along with their settlement positions. That educates the mediator on areas of disagreement and areas of opportunity.
Private Discussions
Next, Jeff meets with each side to probe issues further, understand core interests, and explore scenarios for settlement. As the mediator, Jeff facilitates communication, aiming to identify common ground.
Settlement Terms
Using the facts of the case, and his knowledge and experience of potential outcomes, Jeff will discuss reasonable solutions with the parties. Litigants reach an agreement in the vast majority of mediations, resolving the conflict with efficiency and mutually acceptable terms.
Why Choose Mediation for a Personal Injury Claim?
Going to trial is time consuming. It can take several months, even years, to work through the court system. That’s why mediation is so appealing to both sides. Mediation resolves accident claims faster and with less expense.
Plus, each party maintains greater control over the process and the outcome. Mediation provides flexibility, with room for creative, sometimes structured, solutions that don’t always fit the courtroom mold.
If the plaintiff is entitled to compensation, they receive it sooner, when it’s most needed. And everyone receives closure to move on to the next chapter.
Why Choose Mediator Jeffrey R. Windsor?
Jeff has the skills and experience to advise you on whether mediation is appropriate for your case. Jeff has worked in insurance defense and on behalf of plaintiffs in all types of personal injury cases – from slip-and-falls to catastrophic injuries and TBIs, with defendants ranging from individuals to retail to public entities.
Courts often recommend that personal injury cases go to mediation, and they lend themselves to resolution if parties are willing to negotiate reasonably.
Hear from Our Clients and Peers
“Perfect demeanor and temperament for a mediator, very even-keeled, calm, and calming.”
“I have known Jeff for 20 years, and in all of those roles, whether adversary, colleague or confidant, I have witnessed him to be one of the most upstanding individuals I know in terms of his ethics and morality, his competence and thoughtfulness.”
“Fantastic experience! I had the pleasure to be a client of Jeff Windsor's. Not only was Jeff extremely professional and knowledgeable, but he was outstanding in handling my case and seeing me through all roadblocks over the course of several years.”
Have Questions?
How often are cases settled in mediation?
The vast majority of Jeff’s personal injury mediation cases reach agreed-upon resolutions. Mediation fosters mutually acceptable outcomes more successfully than court battles.
Is a mediation agreement legally binding?
Yes, a mediated agreement is almost always drafted with the intention of being a legally binding contract that is enforceable in court if breached.
Who pays for personal injury mediation?
Fees are typically divided evenly between the parties.