Mediation

Many people don’t realize what mediation is, or how it may benefit them.

Mediation is a voluntary conflict resolution process that is facilitated by a neutral third party, and, if successful, concludes with a settlement or agreement between the parties. Even this explanation can be confusing, or leave people wondering how mediation can help in a legal setting.  Given the courts’ current preference for mediation, it’s important that people adequately understand the mediation process, what situations mediation can help facilitate, and the benefits of mediation. 

At Live Oak Injury Law Group, we are dedicated to serving you to resolve your personal injury claim with a maximum recovery at a reasonable cost. If you would like to know more, read below, and visit our website to schedule a free consultation.

What Exactly Is Mediation?

Mediation is a private process. It involves a neutral third party that helps other involved parties or individuals come to a resolution for a dispute. During mediation, the involved parties are provided the opportunity to present their issues, discuss what’s in their best interest, communicate their feelings about the situation, and offer information that can help lead to the resolution of the dispute.

Is Mediation Ever Required?

Though a court of law may require people to utilize mediation, it’s still considered a voluntary process because the parties involved are not forced to come to a resolution or settlement. It’s important to note that during mediation, the mediator has no power over any decisions made regarding the dispute. The mediator is a neutral third party that helps facilitate conversations and find a resolution that is acceptable to all involved parties. During mediation, the only individuals who have the power to make any kind of decision are the parties that sought mediation.

What Does the Mediation Process Look Like?

There is no “one size fits all” for what your mediation process will look like. However, there are some things you should expect when entering this process.
Most mediations begin with the involved parties submitting their case in writing. Often, the parties will then meet with the mediator to discuss how the mediation process works and the mediator’s role during the process. During this initial session, it is common for the mediator to explain the ground rules and agenda for the process.
After the initial session, the involved parties often give their opening statements or highlight issues in their written briefs. In some cases, the rest of this process is carried out with both parties present. In others, the mediator separates the involved parties and goes back and forth between the sides. Once the mediator facilitates an agreement that everyone can agree on, they draft a written document that is legally binding and can be enforced in court.

When Should You Seek Mediation To Resolve a Dispute?

Mediation is widely used to resolve personal injury claims before and/or after a lawsuit is filed because it can save time and expense of further litigation or even trial. For these reasons, courts and insurance companies often encourage mediation. Mediation is also suited for cases outside of personal injury cases when people have a difficult interpersonal relationship but must be in each other’s lives in some form.

If You Are in Need of Mediation, Speak With a Personal Injury Attorney Today.

At Live Oak Injury Law Group, we understand how stressful it can be when you have a life-altering injury. We are dedicated to providing you with objective advice during mediation to help you when you need it most. If you have recently been injured and are looking to resolve your claim through mediation, don’t hesitate to reach out and schedule a consultation with a skilled attorney from Live Oak Injury Law Group.