Personal Injury Mediation
Updated May 2026
By Joy Crafts McNaughton, J.D.
Joy Crafts McNaughton provides private personal injury mediation throughout Maine and southern New Hampshire. Contact Joy at (207) 712-8995 to schedule a session.
Personal injury mediation is voluntary, confidential, and non-binding unless the parties reach a written settlement agreement.
Maine courts may order mediation in civil cases under Maine Rule of Civil Procedure 16B.
Private mediation can occur before litigation, during litigation, or after a verdict.
Joy McNaughton is a licensed Maine attorney with 34 years of litigation experience and a rostered Maine CADRES mediator.
Sessions are available in-person in Wiscasset, ME, or by Zoom statewide.
Personal injury mediation is a voluntary, confidential process in which a neutral third party — the mediator — helps the parties to a personal injury claim reach a negotiated settlement. Unlike a judge or arbitrator, the mediator does not decide the case. The mediator facilitates communication, helps the parties identify their interests, and assists them in reaching a mutually acceptable resolution.
In Maine, personal injury mediation is governed by Maine Rule of Civil Procedure 16B, which authorizes courts to order mediation in civil cases. Parties may also agree to private mediation voluntarily at any stage of a claim — before litigation, during litigation, or after a verdict.
Personal injury mediation sessions typically last a half day (3–4 hours) or a full day (6–8 hours), depending on the complexity of the claim. Most sessions are conducted with the parties in separate rooms (caucus format), with the mediator shuttling between rooms to facilitate negotiations.
Personal injury mediation is appropriate for any party to a personal injury claim who wants to resolve the matter efficiently, privately, and without the cost and delay of trial. Mediation is particularly well-suited for:
Plaintiffs who want to avoid the uncertainty of a jury verdict
Insurance carriers who want to resolve claims efficiently and control costs
Defense attorneys who want to avoid the expense of trial preparation
Parties with ongoing relationships who want to preserve goodwill
Cases with disputed liability or damages where the parties are far apart on value
"Mediation gives the parties control over the outcome of their case. A jury verdict is uncertain; a negotiated settlement is not." — Joy Crafts McNaughton
1
Contact Joy McNaughton to discuss your matter and schedule a mediation session. Joy will confirm the date, time, location, and format (in-person or Zoom) with all parties.
2
Each party submits a confidential mediation statement to Joy McNaughton at least three days before the session. The statement summarizes the facts, the legal issues, the damages, and the party's settlement position.
3
The mediation begins with a brief joint session in which Joy McNaughton explains the process, the ground rules, and the confidentiality protections. Each party has an opportunity to make an opening statement.
4
The parties move to separate rooms. Joy McNaughton meets privately with each party to discuss the strengths and weaknesses of their position, explore settlement options, and facilitate negotiations.
5
If the parties reach a settlement, Joy McNaughton assists them in drafting a written settlement agreement. If the parties do not reach a settlement, Joy McNaughton declares an impasse and the mediation concludes.
6
If a settlement is reached, the parties finalize the settlement documents and the case is resolved. If no settlement is reached, the parties are free to continue litigation. Nothing said during mediation is admissible in court.
| Case Type | Examples |
|---|---|
| Motor Vehicle Accidents | Car, truck, motorcycle, pedestrian, and bicycle accidents |
| Slip and Fall / Premises Liability | Falls on commercial or residential property |
| Dog Bites | Maine strict liability dog bite claims |
| Medical Malpractice | Negligent medical care claims |
| Wrongful Death | Death resulting from another's negligence |
| Product Liability | Injuries caused by defective products |
| Construction Accidents | Worker injuries on construction sites |
| Insurance Coverage Disputes | UM/UIM and liability coverage disputes |
Maine CADRES mediators charge a reduced rate set by the court. CADRES mediation is available for court-ordered cases only.
Joy McNaughton charges an hourly rate for private mediation. The rate is disclosed in advance and is typically shared equally between the parties.
Private mediation typically costs a fraction of the cost of taking a personal injury case to trial, which can exceed $50,000 in attorney fees and expert witness costs.
Personal injury mediation is a voluntary, confidential process in which a neutral third party — the mediator — helps the parties to a personal injury claim reach a negotiated settlement. The mediator does not decide the case; the parties retain full control over the outcome.
Maine courts may order mediation in civil cases, including personal injury cases, under Maine Rule of Civil Procedure 16B. Parties may also agree to private mediation voluntarily at any stage of a claim — before litigation, during litigation, or after a verdict.
Joy McNaughton mediates motor vehicle accidents, slip and fall claims, dog bite claims, medical malpractice, wrongful death, product liability, construction accidents, and insurance coverage disputes throughout Maine and southern New Hampshire.
Most personal injury mediation sessions are scheduled for a half day (3–4 hours) or a full day (6–8 hours), depending on the complexity of the claim. Simple cases may resolve in a half-day session. Complex cases involving multiple parties or disputed liability may require a full day or multiple sessions.
If mediation does not result in a settlement, the parties are free to continue litigation. Nothing said or offered during mediation is admissible in court. The mediation process is entirely confidential under Maine Rule of Evidence 408 and Maine's mediation confidentiality statute.
No. Joy McNaughton operates as a pure neutral in every mediation session. She does not represent either party, does not advocate for either side, and does not provide legal advice during mediation. Parties are encouraged to consult with their own attorneys before and after mediation sessions.
Joy McNaughton charges an hourly rate for private mediation sessions. The rate is disclosed in advance and is typically shared equally between the parties. Contact Joy directly at (207) 712-8995 for current rates and scheduling.
Joy McNaughton conducts in-person mediation sessions at her office at 24 Foye Road, Wiscasset, ME 04578. Remote sessions are available by Zoom throughout Maine and southern New Hampshire.
Yes. Pre-litigation mediation is often the most efficient option. Resolving a personal injury claim before filing a lawsuit eliminates court filing fees, discovery costs, and the time required to litigate a case through trial. Many insurance carriers are willing to participate in pre-litigation mediation.
Contact Joy McNaughton directly at (207) 712-8995 or joycraftsmcnaughton@gmail.com to discuss your matter and schedule a private mediation session.
JM
Licensed Maine attorney and rostered Maine CADRES family mediator. Provides private personal injury mediation throughout Maine and southern New Hampshire. Contact: (207) 712-8995
Joy McNaughton provides private personal injury mediation throughout Maine and southern New Hampshire. In-person in Wiscasset, ME. Remote via Zoom statewide.