In this video John Cannon discusses the pros and cons of a mediation in your civil lawsuit and the process of mediation.

There are limited circumstances in which you can seek redress for an injury in our legal system. The primary means is by filing a civil lawsuit. A civil lawsuit is a catch all for injustices in our system. It is important to know that at one phase or another of your lawsuit, the other party will likely seek mediation to resolve your case.

What is mediation in a civil lawsuit? Mediation is a process for you and your counsel to go before a detached third-party, typically an experienced civil litigator and you will have the opportunity to present your side of why you have a righteous case.

Your attorney will fight for you, as to why you have a valid claim, and the other side will raise their defenses or what problems they see in your case and the mediator will use their training and experience and the cases they have seen in the past to speak to both sides about pain points that each side should consider and that often results in a resolution of the case.

So what leads parties to set mediation in their civil lawsuit? In many jurisdictions the Court will require some type of mediation or out of court meeting to attempt to resolve the case where the parties attempt to resolve their case. But, there's also reasons the defendant and plaintiff will want to set a mediation.

Civil litigation is a contentious process and both sides are fighting for their client's interests. Our clients are saying a wrong has been done to them by the defendant and they desire justice. The other side, the defense, is saying there was not a wrong, or they simply refuse to compensate you for what you're claiming took place.

Both sides have the potential of losing and those considerations are reasons why plaintiffs and defendants in civil litigation decide to mediate those cases.

We will NEVER represent a client that we do not think has a valid claim and we will fight for every client. However, there are still reasons to consider going to mediation.

So the plan for some of the pros to considering going to mediation:
1) the potential of resolving your case and moving on with your life in a much faster route than the actual full civil litigation process of trial. Some civil lawsuits can take two or three years to litigate. There are speedy trial rights in most civil cases like you see in federal and state court for criminal cases and so we have multiple clients that want to pursue that option to try and resolve their case in a more expedited manner.

2) Another reason that many of our clients consider mediation is it's less expensive. If you prevail, or we assist you in prevailing in your case, you will be responsible for the cost of litigation on behalf of your claim prior to receiving the judgement on your behalf. So, the cost of trial and depositions, and discovery, and hiring experts, and traveling out of town or state, and investigating your claim - all of those expenses will be taken out of what you receive at a jury verdict.

So many of our clients who want to pursue the option of mediation resolve their case at an earlier phase in the process. In fact quite recently, we had a client who unfortunately, lost a loved one, a father, and at mediation in that case we were able to settle that claim within months of the harm that they had suffered as opposed to the potential of a long, drawn-out process of litigation with expert witnesses on both sides, and potentially a trial two years from that day.

So alternatively what are some of the cons to considering mediation in your case? Oklahoma law and our Constitution allows that you as a plaintiff have the right to unlimited damages for non-economic harm that you suffered.

In fact, our Supreme Court has recently ruled that yes, in fact, you are not barred from how much a jury can decide the harm you suffered in worth. In civil cases there's really two branches of damages, there are economic damages for actual costs you've had or what losses you suffered from lost income, for treatment, for medical expenses. And the the larger sum, often in many case, is non-economic damages. Well, what we found is juries, if they feel that you've been harmed in ways that can never be recovered - the loss of a loved one or loss of use of an aspect of your life, or harm to one of your family members - the non-economic damages the jury could award could be far greater than what you settle your case for at mediation.

Another con to consider mediation in your case is that in order for it to be resolved in mediation. Also, insurance companies play a major role in mediation.

Contact Cannon & Associates with your questions and concerns about your lawsuit and civil litigation. Call (405) 657-2323 or visit our website, www.JPCannonLawFirm.com.