Personal Injury Mediation in California
Mediation is a voluntary, confidential process where a neutral mediator helps both sides reach a settlement without going to trial. In California, 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
$20,000 – $100,000
Avg Settlement
How Mediation Works in California
Select a Mediator
Both sides agree on a neutral mediator — typically a retired judge or experienced attorney in California. 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.
California Injury Law Overview
California is a pure comparative fault state, allowing injured parties to recover compensation regardless of how much they contributed to their own injury — damages are simply reduced proportionally. The statute of limitations is 2 years for most personal injury claims, with a discovery rule that can toll the deadline in cases of latent injury. California courts process more personal injury cases than any other state, with auto accidents, premise liability, and product liability among the most common claim types. Claims against public entities require a government tort claim filed within 6 months. California has no general cap on compensatory damages, though MICRA limits noneconomic damages in medical malpractice cases to $350,000 (increasing annually under AB 35). Punitive damages are available for malice, oppression, or fraud. California's comparative fault system and large jury pools often produce substantial verdicts, particularly in Los Angeles, San Francisco, and San Diego counties.