One of the most important reasons to avoid filing the lawsuit is to avoid a defense lawyer. Once, defense counsel is hired we cannot speak to insurance company representatives directly. The defense counsel becomes the adjuster. They make their living by billing your file. The longer they can bill the more money they make.
Discovery is part of any civil litigation process.
The other side will have and are entitled to take your deposition, request medical records, request employment records, and interview or depose any witnesses. The mediator will evaluate the merits of both sides case and discuss it with them privately. By using the mediation process, the court is urging both sides to resolve their conflicts. Usually, a litigated case will settle at mediation. The jury is the ultimate decision maker on the facts.