Do All Injury Cases Go Through Mediation?

Understanding Mediation in New York Injury Cases

After an injury, most people feel overwhelmed. You’re dealing with doctor visits, calls from insurance adjusters, and mounting bills. The idea of facing a courtroom on top of all that can be terrifying. That’s why so many New Yorkers ask: will my injury case really go to trial, or is there another way?

At Horn Wright, LLP, we help injury victims across New York State understand their legal options from day one. Our injury lawyers know how emotionally draining the claims process can feel. We step in early, guide you through each stage, and help you decide whether mediation could offer a faster, less stressful path toward fair compensation. We’re here to help you move forward with confidence.

Injury Disputes Don’t Always Head to Court

Lawsuits get attention, but they’re not the only path. Most personal injury cases in New York never reach a courtroom. They settle through negotiation, often during or after something called mediation. This process gives both sides a chance to talk things out in a private setting, without a judge or jury making the call.

In places like Albany or Staten Island, you might never step inside a courtroom. The legal system in New York encourages parties to resolve matters outside trial when possible. That includes car accidents on I-87, slip-and-falls in Manhattan buildings, and serious dog bite claims from parks in Syracuse.

Still, mediation isn’t guaranteed. It depends on the facts, the people involved, and how the case develops.

What Mediation Looks Like in a New York Injury Case

Mediation brings both sides to the table with a neutral third party. That person, the mediator, doesn’t decide the outcome. Instead, they guide the conversation and help each side understand the other’s position. It’s informal, but still structured.

Here’s what typically happens:

• The injured person and their attorney present their side
• The insurance company (or defendant) does the same
• The mediator encourages discussion, often in separate rooms
• Both parties can walk away at any time

Most mediations happen in conference rooms, not courthouses. In New York City, mediation often takes place at private ADR centers or through court-connected programs. Westchester County has its own roster of approved mediators, and in counties like Monroe or Nassau, you may find sessions held virtually or in local law offices.

Nothing gets decided unless both sides agree. If they don’t, the case moves forward just like before.

When Mediation Happens in the Personal Injury Timeline

Mediation doesn’t follow a fixed schedule. It can happen before a lawsuit is filed, early in the litigation process, or later as trial approaches.

Here’s how the timeline often plays out in New York:

• Pre-suit mediation: Sometimes used in car accidents or nursing home injury cases where liability seems clear
• Post-filing, pre-trial: Courts often suggest mediation once the lawsuit is underway
• Mid-litigation: Parties may pause discovery and try mediation before spending more on expert reports or depositions

Timing affects strategy. Early mediation can reduce costs. Late mediation can give both sides a clearer picture of what a trial might bring.

Do New York Courts Require Mediation for Injury Claims?

New York doesn’t make mediation mandatory in every case. But the courts have made a strong push to encourage it, especially in civil matters like personal injury claims.

The NYS Unified Court System launched a Presumptive ADR initiative that refers certain cases to mediation early. Counties like Queens, Kings, and Erie have adopted these programs, often suggesting mediation soon after a lawsuit is filed.

Here’s how court-directed mediation plays out:

• Judges may refer cases as part of a scheduling order
• Court administrators assign mediators from approved panels
• Attorneys prepare basic case summaries and client statements
• Mediation occurs before the case proceeds to full discovery

Participation doesn’t mean you must settle. Even if a judge recommends mediation, both parties retain control. If talks fail, the case returns to the regular litigation path.

Not all counties handle it the same way. In Nassau or Bronx County, for example, local ADR programs may operate differently. That’s why having a legal team familiar with the rules in your jurisdiction matters.

Why Many Injury Claims Settle Before or During Mediation

Most injury cases settle outside court, and mediation often plays a key role in that process. It gives both parties a chance to avoid the expense, risk, and emotional strain of trial.

Here’s why mediation often leads to settlement:

• Insurance companies want cost certainty
• Injured clients want closure and to move on
• Juries can be unpredictable, especially in New York’s diverse regions
• Medical bills and wage losses create pressure to resolve fast

New York’s courts support this shift. Judges appreciate when both sides make efforts to settle, and mediators with experience in New York law often help craft creative solutions that meet both parties’ needs.

When Mediation May Not Be the Right Fit

Despite the benefits, mediation doesn’t always work. Some cases present challenges that make early settlement unlikely.

Mediation may not fit when:

• Liability is hotly contested
• One side refuses to negotiate fairly
• Emotional trauma runs deep, such as in wrongful death cases
• High-value claims carry too much financial risk for insurers
• There’s a history of bad faith, like repeated delays or lowball offers

In serious cases out of Manhattan or Yonkers, emotions often run high. A family dealing with the loss of a loved one in a construction accident might feel that mediation glosses over accountability. Or a bicyclist injured in a hit-and-run may face delays that sour any chance of productive talks.

Sometimes, trial preparation becomes necessary to show the other side you are serious. Mediation works best when both parties want to engage openly.

What Happens If Mediation Fails in New York?

If mediation doesn’t lead to a settlement, it’s not the end of the road. The case continues through the regular litigation process.

Here’s what usually happens next:

• The court picks up the case where it left off
• Discovery resumes, including depositions and expert review
• Settlement may still occur later, even mid-trial

Mediation talks stay private. Nothing said can be used later unless both parties agree. That confidentiality helps people speak freely during the session without fear of legal consequences.

In fact, many New York judges leave the door open for future settlement talks. A failed mediation doesn’t lock you into trial. It simply means the timing wasn’t right.

How New York Attorneys Guide Clients Through Mediation

Attorneys play a hands-on role in preparing for and guiding clients through mediation. The process requires strategy, emotional insight, and a clear understanding of local law.

At Horn Wright, LLP, we often walk clients through:

• Evaluating the strength of the case and likely range of value
• Preparing opening statements that stay focused but respectful
• Gathering records that support wage loss or medical harm
• Managing emotions during tense discussions

In New York, case value varies across regions. A jury award in Buffalo might look different from one in Queens. Our attorneys use this insight to help set expectations and evaluate whether an offer makes sense.

Mediation requires trust, and that starts with feeling fully informed.

Mediation Matters, But It’s Not a Rule

Mediation plays a large role in how injury claims get resolved in New York State, but it’s not a legal requirement. It’s one of several paths to resolution. What matters most is having a team that understands your case, your needs, and your local court system. At Horn Wright, LLP, we help New Yorkers weigh their options clearly so they can choose the right path forward, whether that includes mediation or not. If you have questions about your case,  contact us today.