As you probably know, it is possible for a single incident to lead to more than one type of court case. If someone's actions constitute both a criminal act and a civil tort, they may face both criminal and civil trials. For example if a drunk driver was to cause an accident that killed another person, they may likely face both some sort of vehicular manslaughter charge as well as a wrongful death lawsuit.
This is the situation after a man in Connecticut died after allegedly being kicked down a flight of stairs. While the criminal trial is still pending, the representatives for the estate of the man who was killed are pursuing a lawsuit against the man accused of causing the death.
The criminal charges against the man are not set to go to trial for at least a few months, but the two sides in the civil suit have agreed to allow a Connecticut Superior Court Referee to act as a mediator in the civil case to see if there is a possibility of reaching a settlement. The allegations against the man, a Danbury landlord, accuse him of beating the victim and then kicking him down the stairs.
The mediation will likely include a presentation of medical records, police reports and other potential evidence as each side tries to demonstrate the validity of their claims or defenses. The recommendations of the mediator in regard to a potential settlement are not binding on the parties but receiving an unbiased assessment from a mediator is sometimes enlightening for both sides.
Source: News Times "Mediation scheduled in wrongful death suit," John Pirro, Oct. 1, 2011