Mediation is an alternative to going to court when resolving disputes in personal injury cases in Oklahoma. It is a way for parties to reach a settlement outside of the courtroom and avoid the time, expense, and uncertainty of a trial. This article explains how mediation works in Oklahoman personal injury cases.
Table of Contents
What is Mediation?
Mediation is a process where parties to a dispute meet with a neutral third party (the mediator) to discuss their issues and find a resolution. The mediator helps the parties to identify their needs and interests and works with them to achieve a mutually agreeable solution. Mediation is voluntary, confidential, and non-binding.
In Oklahoma, mediation is available for all types of personal injury cases, including car accidents, slip and falls, medical malpractice, and wrongful death claims.
The Mediation Process
The mediation process in Oklahoma follows a similar format. The following are the stages that the process usually involves:
Pre-Mediation Stage
Before starting the mediation, both parties need to agree to it. Mediation can be court-ordered or arranged by the parties themselves. Once both parties have agreed to mediation, they need to select a mediator. A mediator is usually an experienced personal injury attorney or judge who has received mediation training and accreditation.
Mediation Stage
Once the mediator is chosen, the parties to the dispute will meet in a neutral location. The mediator may meet with each party separately to better understand their viewpoint and discuss their concerns. After discussing the concerns of both parties, the mediator will facilitate the negotiation phase of the mediation process.
During the negotiation phase, both parties will have an opportunity to present their positions and express their feelings. The mediator will then help the parties to develop an understanding of each other’s views and work with them to reach a settlement.
Post-Mediation Stage
If both parties reach an agreement, the mediator will document the outcome. However, if the parties cannot reach an agreement, the mediator will declare an impasse, and the case will continue to court or further negotiations.
Advantages of Mediation
The following are some of the advantages of mediation:
Cost-Effective
Mediation is less expensive than litigation. Mediation fees are generally lower than legal fees, and since most mediations resolve in a day, it saves time spent traveling to courts and over several dates of hearings.
Speed
Mediation can be a quicker way of resolving disputes than going through the court system. The mediation process could last a day or two, whereas litigation can take months or years.
Confidentiality
Mediation offers confidentiality, which is a significant advantage over going to court. What is said during mediation is not used as evidence or disclosed if the case goes to trial.
Control
With mediation, the parties remain in control of the resolution of their dispute. They make their decisions, and the mediator helps make sure the outcome complies with the law.
Tips for Mediation
Here are some tips to help ensure a successful mediation:
Preparation
Both parties should prepare well for mediation by gathering all necessary documents, preparing a settlement offer, and considering potential scenarios that could arise.
Communication
Both parties need to communicate during the mediation process. They should make sure they understand their respective positions and explore possible solutions to the case.
Flexibility
It is vital that both parties be open to compromise and flexibilities. Be willing to consider other options and not stick to their initial positions rigidly.
Patience
Mediation is a process, and it may take some time for both parties to come to an agreement. Be patient and allow sufficient time to reach a settlement.
Conclusion
Mediation is an effective and efficient way of resolving disputes in personal injury cases in Oklahoma. It is a voluntary, non-binding process that allows both parties to come to a mutual agreement without going through the court system. While not all mediations are successful, it can save valuable time and resources if successful. With these tips and an experienced mediator, the mediation process can be a successful way to resolve your case.