Regardless if you are the plaintiff or the defendant in a legal dispute, you will be required to attend mediation. This is a legal meeting that is ordered by the court in an attempt for the plaintiff and defendant to settle the case outside of court. Knowing the answers to certain questions may help you be better prepared for this process.
Question #1: Who attends the mediation?
Going to a meeting of this magnitude can be nerve-wracking. Knowing who will attend before you go may ease some of your anxiety.
Listed below are the people who are normally at mediation with you:
1. Your attorney – The role of your legal adviser is to guide you through the process of mediation and to advise you on if the amount you're being offered is acceptable.
2. The mediator – This is a person who will negotiate the mediation and has a neutral stance in the dispute. This is commonly a retired attorney or judge who has completed the necessary courses to be able to hold this position.
3. Your opponent – The person you're in the legal dispute with will be present and is allowed to bring supporting parties to the legal meeting.
4. Opposing attorney – The other party's attorney will be at the mediation to provide legal advice to this person.
Question #2: What is the process of mediation?
All of the involved parties will meet in the same room, and there will be opening statements by the mediator and possibly either of the attorneys. It is normal for the parties to then go into separate rooms for the negotiations.
The mediator will first meet with the plaintiff to see what amount of money is necessary to settle the dispute and deliver this amount to the defendant. The defendant can agree to pay it or make a counter-offer and this process will continue until the case is settled, or it is decided there won't be an agreement reached that day.
Question #3: What happens if mediation is successful?
If an agreement is reached between you and your disputant, the case will be dismissed. There should be an informal document stating the terms and conditions of the agreement created that day, and it should be signed.
At a later date, there will be a formal legal document that will be sent from each of the attorneys' offices.
Mediation is an ideal time to end the dispute and give you peace of mind. Be sure to address any further questions with your personal injury attorney to help prepare you for this process. Contact a firm like Tiefenthaler Law Office for more information.
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