In mediation, attorneys often come prepared with clear legal theories, detailed summaries, and strong advocacy for their client’s position. And mediators, if they’re doing it right, are ready to listen carefully, ask the right questions, and help both sides explore resolution. But even when the legal issues are well-defined and the mediator is highly skilled, there’s one factor that consistently makes a difference in personal injury cases: whether the plaintiff has the chance to speak.
I’ve seen firsthand that creating space for the injured party to talk, briefly and without interruption, can be just as impactful as any strategic negotiation. It’s not about shifting control of the process or turning mediation into testimony. It’s about recognizing that, for many plaintiffs, this is their one opportunity to be heard, not just represented.
Attorneys understandably focus on legal strength, exposure, and value. But the plaintiff may be carrying something entirely different into the room: a need to explain what happened, how they’ve been affected, or simply to know someone is listening. That moment doesn’t need to be long, and it doesn’t have to be dramatic. But if we overlook it, we risk missing a chance to unlock movement in the case.
Mediation works best when everyone in the room leans into their role. That includes creating space for the parties to speak when it serves the process. It may not change the legal position, but it can change the conversation. And sometimes, that’s what allows the case to settle.
Tommy Santel is a co-founding partner of Santel | Garner. Tommy is a former government prosecutor. He is a Tennessee Supreme Court Rule 31 General Civil Mediator and his practice areas include criminal defense and civil litigation.
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