What Is Mediation In Alabama And How Does This Help Me?
One of the first questions clients often ask us is "Will I have to go to court?" The short answer is "Maybe". Very lawyer-like answer, I know.... But it is true - if the case is not dismissed or not settled, then it will go to trial.
One of the best ways the personal injury and fraud cases get settled is by "mediation" - which is where all the lawyers and parties gather in the mediator's office in separate rooms and the mediator goes back and forth between the parties to bring resolution to the case. There are different formats but here is a basic outline of the process:
1. It is voluntary on whether you settle your case.
2. The mediator is normally an experienced trial attorney who has the respect of all the parties to the lawsuit.
3. Everyone starts off in the same room and the mediator goes over the procedure and let's both sides make an "opening statement" if they wish.
4. Then the parties are sent to separate rooms with the lawyers and the mediator begins the work.
5. The mediator will go to one room, discuss the case - its strengths and weaknesses, and then get an offer or a demand.
6. Then the mediator goes to the other room, conveys the message and the number and then discusses with that party the strengths and weaknesses of the case.
7. The mediator gets a response and then moves back to the first room.
This is a simplification and there are all sorts of interesting things that mediators do to bring the parties to a point where the case is settled.
Keep this in mind if you are looking at filing a lawsuit - this is one tool that experienced lawyers use to resolve cases and allow you to control the outcome of the case - as opposed to having a jury or judge control the outcome of the case.
