Top 5 Questions About Mediation Answered

If
you are like many people, your only glimpse inside a courtroom comes from
thrilling television legal dramas rather than actively participating in a
lawsuit. And if you have stepped inside the courtroom, you might never want to do
so again! Either way, facing a formal legal proceeding can be intimidating.

Oklahoma
lawmakers recognized the need for alternative methods to resolve legal disputes
and avoid the costly and contentious trial experience, if possible. With the Oklahoma Dispute Resolution Act, our Legislature provided
the avenue to those alternatives. 
allows parties to a lawsuit to
potentially resolve issues outside the courtroom. 

How does it work?

Either
by mutual agreement or order of the court, the parties meet in the mediator’s
office. Each side then discusses concerns individually with the mediator. If
represented by legal counsel, your attorney accompanies you to mediation.
However, mediation allows you to communicate freely with the mediator, rather
than observing the speaking formalities of the courtroom. 

What
are the benefits?

• Time:
  Trials involve a long and cumbersome affair with added stress heaped on everyone
  involved. With mediation, you have a chance to resolve your legal issue in one
  visit rather than multiple trips to the courtroom and likely delays.
  
  
• Control:
  Mediation puts you and the opposing party in the driver’s seat for
  case. Rather than the judge handing
  down his or her formal decision, parties negotiate and shape the terms of the
  final resolution. This allows for creative solutions that accommodate your
  unique circumstances, including those that foster your relationship with the
  other party going forward. In a family law dispute, you need a solution that
  works for everyone. Mediation allows you to do just that.
  
• Cost:
  Rather than the uncertain amount you’ll pay once a trial ends, mediation
  charges a simple hourly fee.
  
• Neutral
  Setting: The meeting takes place in an agreed-upon mediator’s office. Neither
  party gets a “home turf advantage”.
  

What
are the effects?

The
mediator drafts an agreement for both parties’ approval. Each party’s attorney
then memorializes this into a court order to be filed with the court. At that
point, the case is resolved and the agreement can be enforced in the future, if
necessary. Essentially, mediation finalizes the case but requires no court
appearance. Each party achieves the same goal: resolving conflict without a
lengthy trial or considerable expense.

Who Mediates?

To
become a mediator requires special nominations, training, and continuing education
to keep skills sharp. Particularly in family law, Oklahoma legislators maintain
rigorous standards for mediators to ensure only the most qualified take on the
role of neutral problem solver. 

How Do I Prepare?

Either accompanied by an attorney
or attending unrepresented, your ability to participate is key to success. Your
mediator explains the process before beginning the official session, but
understanding the procedure and your role expedites the process. As an
educational tool, familiarize yourself with
. Some additional tips are as
follows:

·      
Bring
all relevant documents to mediation, including legal pleading and former court
orders in place, receipts for disputed expenditures, communications about the
dispute (electronic or otherwise), and any other information possibly relevant
to the issues at stake.

·      
Write
a summary of your legal concerns and outcomes you would like to see.

·      
List
any questions you might have, but remember: your mediator cannot give legal
advice—only explain the process.

·      
Create
a priority list: where will you “stick to your guns” and where will you be more
flexible on the outcome?

Ultimately,
mediation offers a way to achieve the legal outcome you want while saving time
and money, and avoiding unnecessary stress. If you are ready to resolve your
legal issue, please contact us for an initial consult. Our
possess the experience and
proven results to move you toward the peace of mind and results you seek.