Understanding Mediation in New York Injury and Malpractice Cases
Hi, I’m Scott Peterson from D’Orazio & Peterson, and welcome to another episode of The New York Injury Law Show. Our mission is to help guide New Yorkers who are dealing with the aftermath of a serious injury, medical malpractice, or trauma involving themselves or a loved one. If you or someone close to you has been injured in New York, this show—and our firm—is here to offer insight, support, and answers.
Today, let’s talk about something many clients ask us about: mediation. What is mediation? Should you consider it? And how does it actually work in New York personal injury or malpractice cases?
What Is Mediation?
Mediation is a voluntary and confidential process where both sides of a legal dispute—usually the injured party and the defendant (or their insurance company)—sit down with a neutral third party, known as a mediator. The goal is to negotiate a settlement without the time, stress, and unpredictability of going to trial.
Typically, this meeting takes place in a law office or neutral conference space. It can last a few hours or the entire day, depending on how complex the case is and how far apart both sides are in terms of reaching an agreement.
Why Consider Mediation in a New York Injury Case?
The biggest advantage of mediation is that it eliminates the unpredictability of trial. In New York, juries can be very unpredictable. Two different juries could hear the exact same evidence and come to completely different conclusions. That’s why, at Gerasio & Peterson, we often advise clients to seriously consider mediation if we believe we can reach a fair settlement.
Mediation gives the injured party—also called the plaintiff—a chance to resolve their case faster and with more control over the outcome. It’s especially helpful in New York, where court calendars are packed, and trial dates can be delayed months or even years.
Is Mediation Always the Right Choice?
Not always. Some cases absolutely need to go to trial—whether it’s because of a lack of cooperation from the defense, a refusal to negotiate in good faith, or the need to set a legal precedent. Mediation is not a one-size-fits-all solution, and it’s our job as attorneys to advise whether it’s appropriate for your unique situation.
Who Leads the Mediation?
Mediators in New York are often retired judges, former appellate court judges, or experienced attorneys who’ve handled many similar cases. Their job is to act as a neutral facilitator, helping both sides understand the strengths and weaknesses of their positions and pushing them toward a resolution—sometimes even outside their comfort zones.
An experienced mediator can offer insight on case valuation, liability, and potential outcomes, which can be a big advantage when trying to settle.
Is Mediation Binding?
No. Mediation is non-binding, which means if a settlement isn’t reached, either party can walk away without any legal consequences. This makes it a relatively low-risk option for plaintiffs. If the defense isn’t negotiating in good faith, or the offer is too low, you can always proceed to trial.
Is Mediation Confidential?
Yes. In New York, mediation is generally confidential. Anything said during mediation usually can’t be used against you later in court. That means you can negotiate freely, explore options, and test out different proposals without worrying that it will backfire later.
Final Thoughts
At Gerasio & Peterson, we regularly use mediation as a strategic tool to get our clients the compensation they deserve. When used correctly, mediation can be an efficient, effective way to resolve personal injury and malpractice cases in New York.
If you or a loved one has suffered an injury and want to know whether mediation might work for your case, we’re here to help. Contact our firm today—we’re always happy to answer questions and guide you every step of the way.