Oklahoma Mediation FAQs - Mediator Bill Greenwood

What are the benefits of mediation?

➤ Mediation as a voluntary or court-ordered process is an opportunity for the parties to a dispute to try to reach a resolution of their dispute without the expense, delay in time, and risk of the outcome associated with a civil trial.
Generally, civil lawsuits require a very significant expense to all the parties involved in the lawsuit to prepare the case for trial. Even more, the expense is incurred in the trial of the case. Courts are busy. Generally, it is a long time between filing the lawsuit and actually going to trial. Most civil lawsuits involve a dispute over the amount of money that may or may not be awarded to the party claiming they have been injured or damaged in some regard. No one can predict with certainty, the outcome of a trial. If there is a monetary award to the plaintiff all expense associated with trial preparation and trial itself must be deducted from the monetary award. If the defendant or defendants win the trial, there is no monetary award to be recovered by the plaintiff. Moreover, generally, the defendant(s) have no recourse to recover their litigation expenses.
Mediation is a process whereby the parties and their lawyers meet with a trained and experienced person who is neutral and has no stake or interest in the outcome. That person by training and experience conducts a process of negotiations with the goal of achieving a compromise of the dispute. The parties remain in complete control of what they are willing to do to accomplish that compromise. The result in its entirety is a matter of negotiation with the mediator acting as the facilitator. If the parties cannot reach a settlement the case proceeds with trial preparation and trial. By comparison, mediation involves a day or less for most cases and very little expense as compared to litigation. BUT, if the parties reach a compromise and settlement of their differences at mediation, generally a significant amount of cost associated with litigation is avoided. Risk of the outcome of a trial is avoided because the parties have remained in control of their decision as to the outcome. AND closure and result are reached much sooner, than later. If money is to change hands, generally that takes place with the dismissal of the case within weeks rather than months or even years associated with litigation and trial. MEDIATION is an inexpensive, efficient, highly effective, process readily available to achieve a desired and voluntary outcome without the incredible expense, time and risk associated with the trial. The benefits of participating in mediation greatly outweigh not doing so.

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What to look for in choosing a mediator?

➤ A mediator should be experienced in representing clients in lawsuits, litigation, trial preparation mediations and trials of the same type and subject matter as the type of case he or she is being selected to serve as the mediator, A mediator should be an experienced trial lawyer who has been trained and certified in the skills of a serving as a mediator and conducting mediations. Any mediator under consideration should have references and a reputation of being fair, impartial and skilled in the art of mediation with a good success rate and ample experience as a mediator.

Who can attend mediation?

➤ Generally any interested party to the outcome together with their lawyer. Consult with your lawyer.

How is the outcome of mediation determined?

➤ It is determined by the parties themselves working through their lawyers assisted by a mediator serving in a neutral role.

How is the outcome documented?

➤ The terms of successful mediation are documented by a written Mediation Settlement, signed by the parties and enforceable at law.

Is Mediation confidential?

➤ The parties are in separate rooms which facilitate confidential conversations with their attorney. Confidentiality of the outcome and terms of a settlement may be one of the negotiated terms of the Mediation Settlement Agreement; and often is.

How is the Mediator chosen?

➤ The lawyers representing the parties select a qualified mediator upon whom they can all agree.