MEDIATION Oklahoma - BENEFICIAL TO PLAINTIFF’S BAR
Alternative Dispute Resolution - Mediation
When two parties are in conflict, they have a few different options for resolving the dispute. One option is to take the matter to court. However, this can be expensive, as you will need to pay court fees and attorney fees. It can also be time-consuming, as court cases can drag on for months or even years. Another option is to choose a mediator to settle the dispute. This is often a more efficient and cost-effective option, as mediation can help resolve disputes quickly and without the need for going to court. In addition, mediation gives both parties more control over the outcome of the dispute, as they are able to negotiate directly with each other. As a result, choosing a mediator to settle a dispute is often the best choice.
If you're considering taking legal action to resolve a dispute, you may want to consider using mediation instead. Mediation is a process in which parties to a dispute meet with a neutral third party, called a mediator, to try to reach an agreement. Mediation has many benefits over going to court, including saving time and money, increasing efficiency, and giving the parties more control over the outcome. Court costs and attorney fees can be high, and the court process can be slow and unpredictable. In mediation, the parties have the opportunity to discuss their positions and interests openly and constructively, with the help of a trained mediator, to try to reach an agreement that meets their needs. The mediator does not make decisions for the parties or impose a settlement; rather, the mediator facilitates communication and helps the parties identify areas of common ground so that they can reach their own agreement. This makes mediation an effective and efficient method of dispute resolution. It's also confidential; unlike court proceedings, which are public record, mediation is private. So if you're looking for an alternative to going to court, mediation may be the best choice for you.
While the initial demand for mediation was driven mostly by the defense bar, mediation also was and continues to be very beneficial to the plaintiff’s bar. Often, mediated cases are represented by an attorney on a contingency fee basis.
This contingency arrangement provides the plaintiff’s attorney gets paid out of the proceeds of a resolved case. An early resolution reduces the time expended by the attorney and the costs associated with protracted litigation while still ensuring payment.
Early settlement is beneficial to the client because costs are reduced, and the award can often be collected much faster. Perhaps the biggest benefit of mediation to plaintiffs is the plaintiff has direct input on whether the case is settled or tried. Every plaintiff and their circumstances is unique, although risk tolerance and the motivation for settlement varies between them. The opportunity mediation affords plaintiffs is direct input into the decision-making process of their case, which leads to happier clients who are more satisfied with the representation they receive.
For many clients, a lawsuit is usually their first exposure to the civil justice system. The litigation process is confusing and frustrating to most. Clients do not understand why cases take so long, and the process of discovery is invasive and overwhelming. The necessary elements to “prove” a case are foreign to them.
Prior to mediation being utilized as a method of settlement, the client was not exposed to a neutral party who could explain the legal process and outline available options. At mediation, each party has the opportunity to ask questions and acquire an understanding of the reasons for depositions, interrogatories, expert witnesses and the burden of proof.
If elements of the case are lacking, the mediator can educate the party on the risks the absence may pose. This third-party dialogue leaves the attorney to advocate for their client without seeming adversarial or skeptical, ensuring the client does not question counsel's loyalty to the case. It is easier for an attorney to agree with a mediator’s evaluation than to disagree with the client.
The advent of the use of mediation has materially transformed the practice of law. In some areas of practice, the use of mediation has become so routine that attorneys seldom need to be ordered by the court to participate, instead initiating mediation themselves. This acknowledgment of the value of mediation has also caused lawyers to refrain from direct negotiation themselves because they anticipate a mediation event will soon be forthcoming.
When two parties are in dispute, it's important to have a mediator present to help resolve the issue. There are many benefits to scheduling a mediation, including that it saves time, is convenient, and is effective. Mediation is also neutral, which means that both parties have an equal say in the outcome. This is beneficial because it allows both sides to come to an agreement that they are happy with. In addition, mediation gives both parties control over the situation and the ability to voice their concerns without the unpredictable outcomes litigation can bring. If you are involved in a dispute, be sure to schedule a mediation as soon as possible so that you can resolve the issue quickly and efficiently.
As someone who saves cases for a living, I know the importance of mediation. It saves time, is convenient, and is extremely efficient. You're in control of the outcome and you get to benefit from a resolution that isn't decided by a judge or jury. I urge you to consider mediation as an avenue to help you resolve your dispute. In addition to the benefits I've already mentioned, a mediator is completely neutral. A mediator is not acting in the role of an attorney, rather, a facilitator of settlement that remains neutral guiding the conflict resolution process. You won't have to worry about one side having an unfair advantage because both sides will be coming to the table with their own evidence and positions. The playing field is leveled, and you can be sure that everyone is getting a fair chance to have their voices heard. I hope you'll consider mediation as a way to resolve your dispute.
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