Personal Injury Mediation in Arizona
Mediation is a voluntary, confidential process where a neutral mediator helps both sides reach a settlement without going to trial. In Arizona, mediation resolves the majority of personal injury cases and is significantly cheaper and faster than litigation.
For informational purposes only. Not legal advice. Consult a licensed attorney.
Pure comparative fault
Fault System
2 years
Filing Deadline
$15,000 – $70,000
Avg Settlement
How Mediation Works in Arizona
Select a Mediator
Both sides agree on a neutral mediator — typically a retired judge or experienced attorney in Arizona. Mediators are not decision-makers; they facilitate negotiation.
Opening Statements
Each side presents their position and key evidence. The mediator identifies areas of agreement and dispute.
Private Caucuses
The mediator meets privately with each side to explore settlement positions, discuss weaknesses, and carry offers back and forth.
Negotiation
Under pure comparative fault, fault allocation is a key discussion point. The mediator helps both sides realistically assess litigation risk.
Settlement Agreement
If agreement is reached, a written settlement agreement is signed immediately. It is binding and typically releases all claims.
Arizona Injury Law Overview
Arizona is a pure comparative fault state, permitting injured plaintiffs to recover compensation no matter their degree of fault. Damages are simply reduced in proportion to the plaintiff's assigned fault percentage. Arizona does not mandate no-fault personal injury protection, so claims flow through traditional at-fault liability channels. The statute of limitations is 2 years under A.R.S. § 12-542. Arizona courts see a high volume of auto accident, slip-and-fall, and construction-related injury cases given the state's rapid population growth. Claims against government agencies require a 180-day notice of claim under A.R.S. § 12-821.01, with a separate 1-year lawsuit deadline. Arizona places no general statutory cap on compensatory damages, though medical malpractice noneconomic damage caps have been challenged and struck down by state courts. Punitive damages require proof by clear and convincing evidence of evil intent or conscious disregard for others.