# Mediation

> Mediation is a meeting where a neutral mediator helps both sides try to settle. Nothing is decided unless both agree. See how it works after a crash.

Canonical page: https://accidentclaimfacts.com/glossary/mediation/  
Last reviewed: October 29, 2026 by the Accident Claim Facts editorial team  
General information, not legal advice. Talk to a licensed attorney in your state.

## Quick answer

Mediation is a meeting led by a neutral mediator who helps both sides try to reach a settlement. The mediator cannot decide the case, and nothing is settled unless both sides agree.

## In a car accident claim

Mediation usually happens after a lawsuit is filed, though the sides can agree to it earlier. Courts can order it: Texas law says a court may send a pending case to mediation on its own motion or at a party's request, and in Florida a court must send a filed civil case for money damages to mediation if one party asks and the costs can be paid, with some exceptions. The injured person and their lawyer, the insurer's adjuster and the defense lawyer usually take part, in person or by video.

The mediator often meets each side in a separate room and carries offers back and forth. In Texas, a mediator may not impose their own judgment on the issues in place of the parties, and communications in mediation are confidential and may not be used as evidence against the person who made them, with some exceptions. If the sides agree, they sign a written settlement agreement. If not, the lawsuit goes on, and talks can resume later. Our guide to [mediation](https://accidentclaimfacts.com/claim-process/mediation/) covers costs, confidentiality and what happens next.

## Example

> **Example:** Months after a lawsuit is filed, the court orders mediation. The injured driver, their lawyer, the adjuster and the defense lawyer spend a day with a mediator, who carries offers between the two rooms. By evening they sign a written agreement that settles the case.

## Related terms

- [Arbitration](https://accidentclaimfacts.com/glossary/arbitration/)
- [Settlement](https://accidentclaimfacts.com/glossary/settlement/)
- [Release](https://accidentclaimfacts.com/glossary/release/)

## FAQ

### Is mediation the same as arbitration?

No. A mediator only helps the sides negotiate. An arbitrator hears the evidence and makes a decision, which may be binding depending on the agreement or the court's rules.

### Is mediation binding?

The process itself is not; either side can say no to every offer. A settlement agreement that both sides sign at mediation is usually binding.

## Sources

- [United States Courts, Glossary of legal terms](https://www.uscourts.gov/glossary) — mediation as an informal process led by a mediator
- [Texas Legislature, Civil Practice and Remedies Code chapter 154](https://statutes.capitol.texas.gov/Docs/CP/htm/CP.154.htm) — referral, the mediator's role and confidentiality
- [Florida Legislature, Florida Statutes § 44.102(2)(a)](https://www.flsenate.gov/Laws/Statutes/2026/44.102), checked October 29, 2026