If you are involved in a lawsuit, you should be aware there are many steps that are involved. You may want to hurry the process and be done with the dispute quickly. The best time to end the lawsuit may be at the mediation. This is when the plaintiff and defendant are legally required to meet to attempt to settle the dispute. Knowing the various stages in medication will help prepare you for this process if you are faced with civil litigation.
Opening Statements
Once all of the involved parties arrive at the mediation, there will be a meeting in the conference room. Mediations are typically held at the attorney's office of either the plaintiff or defendant who is included in the dispute.
During the opening statements, the attorney for either party may speak. Additionally, the mediator will list the reasons to settle the dispute by mediation rather than taking it to court.
Listed below are some of the reasons commonly provided by the mediator:
- If the case goes to court, there is no way to predict the outcome and a judge or jury will be in control of the ending.
- All of the evidence either of the parties has may not be allowed in the courtroom.
- If the case is settled, it will be dismissed immediately.
Negotiations
Typically, the plaintiff and defendant will go into separate rooms when the negotiation process begins. The mediator will first meet with the plaintiff to determine what amount of money is needed to settle the dispute.
Once the amount has been disclosed to the mediator, it will be delivered to the defendant. The defendant can then choose to pay the plaintiff or can make a counteroffer.
This process will be completed until there is a settlement reached or it is decided the case is unable to settle outside of the courtroom.
Closing Statements
Once the mediation ends, there should be an informal agreement drawn up that list the terms and conditions of the settlement arrangement. There will be a legal document delivered at a later date that contains all of these.
If the mediation is not successful, the case will proceed to court, and a final verdict will be determined.
Knowing what is involved at mediation may help you to settle the case. Be sure to retain the services of an attorney like William D. Hochberg to guide you through this process and to inform you of what to expect at all times.
