Personal Injury Mediation in Pennsylvania
Mediation is a voluntary, confidential process where a neutral mediator helps both sides reach a settlement without going to trial. In Pennsylvania, 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
$18,000 – $80,000
Avg Settlement
How Mediation Works in Pennsylvania
Select a Mediator
Both sides agree on a neutral mediator — typically a retired judge or experienced attorney in Pennsylvania. 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.
Pennsylvania Injury Law Overview
Pennsylvania operates a choice no-fault system similar to New Jersey, where drivers elect limited or full tort coverage when buying auto insurance. Limited tort drivers can only sue for pain and suffering if they suffer a serious injury. Full tort drivers retain unrestricted lawsuit rights. Pennsylvania applies modified comparative fault with a 51% bar. The 2-year statute of limitations applies broadly. Pennsylvania courts — particularly in Philadelphia — produce some of the highest personal injury verdicts in the country. Philadelphia's reputation as a plaintiff-friendly venue has historically attracted mass tort litigation including asbestos, mesothelioma, and pharmaceutical cases. Pennsylvania has no general cap on compensatory damages for private defendants. Medical malpractice cases require a certificate of merit from a licensed professional. The Pennsylvania Sovereign Immunity Act limits claims against Commonwealth entities with specific damage caps. Workers' compensation is the exclusive workplace injury remedy under the Pennsylvania Workers' Compensation Act.