Before settlement discussions
Before Your Injury Mediation
30-second answer
Confirm the meeting details with your lawyer. Share new records and ask for a private preparation call. Discuss confidentiality and what any offer would leave after deductions. Read the terms before agreeing. A mediator helps people seek agreement; the mediator does not decide who wins.
Legal information from the Law Office of Arta Wildeboer · Updated
Do this now
- 1Save the invitation and any court order. Ask your lawyer who must attend and what deadlines apply.
- 2Send your lawyer accurate updates on care, work, bills, and repayment letters. Keep the original records unchanged.
- 3Ask how private talks and shared documents will be handled. Read the confidentiality disclosure before signing it.
- 4Confirm the location or remote link. Arrange language help, access needs, breaks, and a private way to reach your lawyer.
- 5Ask for a written estimate of deductions from an offer. Review every settlement term and get copies of signed documents.
Avoid this
- Do not skip a required session because settlement is voluntary.
- Do not record, post offers, or turn on AI transcription without checking the rules and permissions.
- Do not sign unclear or incomplete terms just to end a long day.
Save these
- Invitation, court orders, and written schedule changes
- Current treatment and work records
- Bills, insurance statements, and repayment letters
- Written estimates identifying unresolved deductions
- Complete proposed and signed settlement documents
Common questions
Is mediation a trial?
No. The mediator helps people work toward agreement, rather than deciding the case. Arbitration and a court settlement conference are different processes. Confirm which one is scheduled.
Does attending mean I must settle?
No. But attendance requirements and court orders still matter. Ask your lawyer how to raise concerns or request a change. Do not cancel on your own.
Is everything I bring protected?
Do not assume so. Ask about existing records, new communications, and settlement documents separately. Confidentiality can also restrict later use of talks with your own lawyer.
Will I receive the full offer amount?
Ask what fees, costs, bills, or repayment claims may be deducted. Confirm which figures are estimates. An offer is not a promise of your final payment or its timing.
What if we do not agree?
Ask what remains unresolved and who will track the next deadlines. If a short document is presented, ask whether it would bind you before signing.
Want more detail?
Read the full explanation
Preparing for a California Injury MediationOfficial resources
- Judicial Council: Types of alternative dispute resolution (opens in a new window)
- California Rule of Court 3.851: Application (opens in a new window)
- California Rule of Court 3.853: Voluntary participation (opens in a new window)
- California Rule of Court 3.854: Confidentiality (opens in a new window)
- Judicial Council form ADR-200: Mediation disclosure (opens in a new window)
- California Rule of Court 3.1380: Mandatory settlement conferences (opens in a new window)
Questions about your situation?
Talk with Arta Wildeboer
A short guide cannot account for every fact. A free consultation can help you understand the next step without pressure.