< Go Back

The Basics of Mediation

If you’re considering a lawsuit, or if you’ve just recently filed one, you have probably heard that the court requires both parties to undergo mediation. A type of “alternative dispute resolution,” mediation is a method of formal negotiation in which you attempt to settle your lawsuit before taking it to trial. Mediation is not to be confused with arbitration, which is a form of alternative dispute resolution, but involves an alternate form of trial judges in place of a judge and jury.

How Does Mediation Work?

The first step in the mediation process is choosing a mediator. The two opposing parties will come together to choose one, who is typically an attorney or retired judge. Choosing a mediator with experience is important, as somebody who is inexperienced may be ineffective in directing the mediation to a successful resolution. When you choose the experienced team of trial attorneys here at the BCN Law Firm, we can help choose the right mediator for your case.

After the mediator is selected, all parties will meet in one room for negotiation. The lawyers will typically present what they believe their evidence will bring during a trial, while highlighting the strengths of their case and the weaknesses of the opposing party’s case. The plaintiff may explain how the defendant’s conduct impacted their life, and the mediator may ask questions of both sides to help clarify certain points and highlight key issues.

From there, the parties separate and enter different rooms. The plaintiff then typically makes a demand for a certain amount of financial compensation, and the defendant can counter with another amount if they feel the plaintiff’s demands are too high. During this time, the plaintiff and defendant are in different rooms, with the mediator going in between to facilitate communication.

If the two parties are able to agree on an amount of compensation, the case is settled. If not, the case will proceed to trial, and the jury will never hear about what happened during mediation.

A successful mediation relies heavily on the skill and experience of the parties’ legal counsel and the mediator. Choosing the right mediator is crucial, but making sure you have the right attorney on your side is even more critical.

If you’re in the beginning stages of filing a lawsuit, the team at the BCN Law Firm in Clermont is here to help. Our experienced attorneys can select the perfect mediator for your case, and can provide you with the legal counsel you need to get the compensation you deserve. Contact us today at (352)-394-2103 to schedule a consultation.