Yes. Most Illinois auto accident cases never see the inside of a courtroom. Between direct settlement negotiation, mediation, and arbitration, there are several ways to resolve a claim faster and at lower cost than trial, and a good lawyer chooses the path that fits your case.
Sure we strongly recommend mediation with private mediators if the case is appropriate we find it with certain insurance companies and certain mediators that cases can get resolved quicker and also with a lot less expense for our clients many of our clients have been very happy that we’ve got a mediation with the case because it avoided the uncertainties of trial and got them absolute resolution of their case in a more timely manner than going to trial.
Settlement Negotiation
The vast majority of claims resolve through negotiation with the insurance company: a documented demand, an exchange of offers, and a settlement agreement. Our guide on negotiating for more money after a car accident explains how that process works and why timing matters.
Mediation
Mediation brings both sides together with a neutral private mediator, often a retired judge or experienced attorney, who works to bridge the gap. It is confidential and non-binding: nobody can force you to accept a number. As our attorneys note above, with the right mediator and the right insurer, cases regularly resolve months sooner and at far less expense than litigation. Mediation is especially useful when both sides agree on fault but sit far apart on value.
Arbitration
Arbitration is more formal: a neutral arbitrator (or panel) hears streamlined evidence and issues a decision, which can be binding or non-binding depending on the agreement. Many uninsured and underinsured motorist claims go to arbitration because the insurance policy itself requires it.
When Trial Is Still the Right Answer
Alternatives only work when the insurance company negotiates in good faith. When an insurer refuses to offer fair value, being ready and willing to try the case is what moves the number. The strongest settlements are negotiated by lawyers the insurers know will go to verdict.
Frequently Asked Questions
Is mediation binding?
No. If mediation does not produce a number you accept, your case continues exactly as before. You give up nothing by trying it.
How long does mediation take?
Most auto case mediations are completed in a single day, often a half day. Scheduling usually adds a few weeks, which is still dramatically faster than waiting for a trial date.
Find the Right Path for Your Case
The Illinois personal injury law firm of Phillips Law Offices has represented injured people and their families for decades. Talk to a Chicago car accident lawyer on our team for free, and pay nothing unless we win.
