Most Arizona personal injury cases resolve before trial — through settlement or mediation. But understanding how each path works, and what drives the decision, helps you make informed choices rather than just accepting what the insurer offers.
Mediation
Mediation is a structured negotiation session with a neutral third-party mediator. The mediator's job isn't to decide who wins — it's to facilitate conversation and help both sides find common ground. Sessions are private, and nothing discussed can be used in court if mediation fails. Most mediations last a full day. The result, if reached, is a written settlement agreement that ends the case. Arizona courts can order mediation under Rule 16(g) of the Arizona Rules of Civil Procedure, but most mediations happen voluntarily before a lawsuit is filed or while one is pending.
The advantages of mediation are speed, cost, certainty, and privacy. You know the outcome and avoid the risk of a jury going the wrong way. The disadvantage is you typically recover less than a jury might award — particularly in cases involving significant non-economic damages like pain and suffering.
Trial
Trial is the full adversarial process — discovery, depositions, expert witnesses, jury selection, opening statements, evidence presentation, and closing arguments. It takes longer and costs more, and the outcome is uncertain. But in cases involving serious injuries, disputed liability, or an insurer who refuses to make a fair offer, trial is the lever that produces real value — or at least credible threat of it. Many significant settlements happen in the weeks just before trial, not because the insurer suddenly became generous, but because they finally believe the plaintiff will go to a jury.
How the decision gets made
The right path depends on the strength of your liability evidence, the severity of your injuries and what they're worth, the defendant's insurance limits, and what the insurer's last offer looks like compared to what a jury might reasonably award. Your attorney's job is to give you an honest assessment of both paths — not just advocate for one approach.
Our personal injury attorneys have taken cases through both mediation and trial throughout Phoenix and Scottsdale. No fee unless we win. Call (480) 418-SHER (7437) or reach out online.