The mediation process is where most New Brunswick personal injury claims end. It is a one-day negotiation, run by a neutral mediator, held after discovery and before trial. This page explains when it happens, how the day runs, what the mediator does and does not do, and what follows if the parties cannot agree.
Mediation in New Brunswick Is Voluntary, Confidential and Encouraged by the Courts
Mediation in New Brunswick is usually voluntary, and the courts push parties toward it. It is an alternative to trial that saves time and reduces the strain of litigation. The day is confidential: nothing said in the session can be used against you in court later.
The setting is a boardroom at a law office or a hotel meeting room, more relaxed than a courtroom but still formal. The discussion covers the facts of the case and the damages: general damages for pain and suffering, and special damages for financial loss.
The Mike Murphy Law Group prepares every client for the day. We review the medical records and accident reports together and set a strategy, so you know the strengths and weaknesses of the claim before the mediator starts.
The Mediation Process Starts After Discovery and Runs a Half Day to a Full Day
Mediation is scheduled after discovery, once both sides have exchanged documents and conducted oral examinations and can value the claim. A New Brunswick mediation lasts from a half day to a full day.
The day opens with a joint session. The mediator introduces themselves and sets the rules. Each lawyer gives an opening statement. Yours explains why the defendant is liable and how the injury changed your life, whether the case is a car accident or a slip and fall.
If sitting across from the person who hurt you is a source of real anxiety, for example in a sexual abuse claim or after a particularly traumatic event, you can ask for “shuttle mediation.” You stay in a separate room from the start and the mediator carries the introductions and openings between rooms. We arrange this with the mediator so you never have to face the defendant if you do not want to.
After the joint session the parties split into separate rooms. This is “caucusing.” The mediator moves between rooms with offers and counter-offers. It takes patience, and it is where most of the movement happens, because the mediator is pointing out to each side what it risks at trial.
Your Documentation Has to Be Complete Before the Day
The insurer and its defence counsel look for gaps. Every treatment should be on the record: specialists, physiotherapy, and any counselling after a traumatic event.
In a long-term disability dispute the paperwork matters more, because you have to prove you meet the policy’s definition of disability. We gather those records and make sure the mediator sees the full picture of your daily limitations.
Prepare a list of out-of-pocket expenses: medication, travel to appointments, home modifications. In New Brunswick these are special damages. An organized, receipted list makes it easier for your lawyer to justify the number being asked for.
The Mediator Tests Both Sides and Cannot Impose a Result
A mediator in a New Brunswick injury case is usually a senior lawyer or a retired judge who knows the Insurance Act and the Rules of Court. The mediator does not pick a winner. The job is to broker a settlement both sides can accept instead of risking a trial.
Expect the mediator to challenge your positions, and the insurer’s. This “reality testing” is standard. It shows each side that a trial might end worse than the offer on the table.
In the private sessions the mediator can sound harsh, even critical of your evidence. That is deliberate. By naming the weaknesses in the claim, the mediator is previewing what a judge or defence counsel would say at trial, so you decide with a realistic view of the risk rather than meeting those arguments for the first time in a courtroom.
The mediator cannot force a settlement. If the final offer is not acceptable you walk away and the case proceeds toward trial. Most personal injury cases in Atlantic Canada settle at this stage.
New Brunswick’s Two-Year Limitation Period Runs Before Mediation
The Limitation of Actions Act gives you two years to start a legal action in New Brunswick, counted from the day the injury was known or ought to have been known. Miss it and the right to sue is lost. Mediation happens after the lawsuit has been filed, inside that window.
The firm tracks the deadline from the first meeting. Early advice also preserves evidence and makes the path to mediation smoother.
Knowing the limitation period places the mediation process inside the New Brunswick court system. Our injury lawyers in Moncton apply those provincial rules every week.
The Joint Session Is the Only Time Both Sides Share a Room
In the joint session an insurance adjuster and defence counsel sit across the table. Your lawyer does the talking; you do not speak unless asked.
Your lawyer’s opening summarizes the case. In a motorcycle accident that includes the Motor Vehicle Act, the severity of the injuries and the effect on your work. The opening also signals that you are ready for trial if the offer is not fair.
The defence gives its own opening. It may raise pre-existing conditions or argue you were partly at fault. That is standard, and mediation is designed to move past it to a number.
Caucusing Is Where the Numbers Move
After the openings you stay in a private room with your lawyer for most of the day. The mediator visits to relay the defence’s view and its offers, and the cycle repeats as the figures converge.
You can speak freely with the mediator in caucus. Ask questions. The mediator may ask how the injury changed your hobbies or family life; honest, direct answers help the mediator convey that to the insurer.
The insurer’s first offer is nearly always low. Your first counter is high. Over several hours the numbers move toward a “zone of agreement.” The firm does not settle below what the case is worth.
Section B Disputes Can Be Mediated Alongside the Tort Claim
New Brunswick car accident victims are entitled to Section B benefits, the no-fault benefits that pay medical expenses and part of lost wages. Sometimes the mediation includes a dispute with your own insurer over those benefits, separate from the tort claim against the other driver.
In a Section B dispute the mediator reviews the policy limits and whether the insurer acted in good faith. An unfair denial becomes a negotiating point, and the firm has held insurers to account on it.
A fire loss or other insurance dispute follows the same format, with the focus on the value of the property or the reading of the policy, aimed at the same objective: a fair financial settlement.
A Settlement Is Final Once the Release Is Signed
If the parties agree, the mediator drafts Minutes of Settlement or a Release. It is a binding contract. Signing ends the lawsuit in exchange for the agreed sum, and the case cannot be reopened later even if the injuries worsen.
The firm reviews every clause before you sign. The insurer usually pays within a few weeks. We work on a no win, no fee basis, and our fees come out of the settlement.
You pay nothing upfront. The contingency fee is what lets every New Brunswicker retain counsel regardless of finances, and the firm’s aim is a net recovery that covers the losses and provides security.
If Mediation Fails, the Case Continues to Trial
Not every mediation settles. Sometimes the parties are too far apart on value. The day was still useful: you have seen the defence’s strategy and narrowed the issues for trial.
Mediation is a milestone, not the finish line. Without a deal the case continues, a trial date is set, and a judge hears the evidence and decides.
The firm’s lawyers try cases. We prefer to settle efficiently, but we do not back down when the insurer is unreasonable, and insurers know which firms will actually go to trial. That reputation produces better offers at mediation.
Mediation Is Emotionally Hard and Composure Matters
Mediation forces you to relive the accident and listen to the defence minimize it. Stay calm and keep the goal in view. A trusted family member can attend and usually stays in your private room.
The firm treats the day as the personal event it is. We walk you through each hour.
The defence watches for frustration. Staying professional and following your lawyer’s lead shows the insurer you would be a credible, steady witness at trial, and that raises the settlement value.
Mike Murphy Law Group Prepares Mediations as If They Were Trials
The firm has five offices across the Maritimes, including Moncton and Saint John, and the resources to retain investigators and medical experts for your claim.
Michael B. Murphy, KC, has over 100 reported decisions. Mediators and opposing counsel know that record, and it changes how the insurer approaches the day.
We handle claims from bicycle accidents to sexual abuse cases. We do the legal work. You concentrate on recovery.
FAQ
What Should I Wear to My Mediation Session?
Business casual. A suit is not required, but look neat. It tells the mediator and the insurer you take the process seriously. Avoid loud graphics and athletic wear.
Do I Have to Talk to the Other Driver or the Person Who Hurt Me?
Usually not. The parties separate after the short joint session, and even there the lawyers speak. You are not required to engage with the other party.
How Long Does It Take to Get the Settlement Money After Mediation?
Three to six weeks after the papers are signed. The insurer sends the cheque to your lawyer’s office; legal fees and disbursements such as medical record costs are paid, and the balance goes to you.
What If I Remember Something New During the Mediation?
Tell your lawyer privately in the caucus room, not in the joint session. Your lawyer decides whether it helps and how to put it to the mediator.
Is the Mediator’s Decision Final?
The mediator makes no decision. A settlement happens only if you and the defendant both agree. Otherwise there is none. A final decision comes only from a judge at trial.
For assistance in other provinces, you can reach our offices at:
- Nova Scotia: 902-334-4228
- Prince Edward Island: 902-334-4228
- Newfoundland and Labrador: 709-383-2757
New Brunswick statutes are published on the Government of New Brunswick Legislative Assembly website.