Personal Injury Mediation in Minnesota
Mediation is a voluntary, confidential process where a neutral mediator helps both sides reach a settlement without going to trial. In Minnesota, 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.
Modified comparative fault (51% bar)
Fault System
2 years
Filing Deadline
$15,000 – $65,000
Avg Settlement
How Mediation Works in Minnesota
Select a Mediator
Both sides agree on a neutral mediator — typically a retired judge or experienced attorney in Minnesota. 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 modified comparative fault (51% bar), 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.
Minnesota Injury Law Overview
Minnesota operates under a no-fault auto insurance system with relatively high PIP minimums of $40,000 per accident. Tort lawsuits for auto accident injuries require meeting a serious injury threshold. Beyond auto accidents, Minnesota's general personal injury system uses modified comparative fault with a 51% bar. The statute of limitations is 2 years. Minnesota courts see a high volume of slip-and-fall cases arising from icy winter conditions, as well as construction accident litigation. The Minnesota Dram Shop Act creates liability for licensed vendors who sell alcohol to visibly intoxicated persons who subsequently cause injury. Minnesota has no general cap on compensatory damages for most personal injury cases. Medical malpractice claims require a affidavit of expert review at filing under Minn. Stat. § 145.682. Workers' compensation in Minnesota provides no-fault benefits for work injuries, administered by the Department of Labor and Industry. Punitive damages require a separate motion and court approval before the jury may consider them.