Pros and Cons of Mediation Versus Litigation Following an Accident In Tulsa

Getting involved in a car accident can be traumatizing, worrying, and stressful. When the accident happens due to negligence from another party, the parties involved can settle the personal injury case through mediation or litigation. Whatever option they settle for, it is important to learn how each works because the circumstances vary. 

Each option has pros and cons, which is why it is important to get more details to help make informed decisions before the victims commit. So what do mediation and litigation mean? This guide explores the key elements of mediation and litigation and how parties can resolve their disputes when involved in a car accident in Tulsa, Oklahoma.

What is Mediation?

Mediation is an informal process for resolving disputes. Parties involved in a lawsuit decide to solve the dispute by involving a third party whose role is to negotiate the resolution and help the parties come to an agreement. The court may take up the case if the parties pursue mediation before trial. The third party is called a mediator. 

The mediator guides the parties in identifying issues in the dispute and agreeing on a suitable outcome in the best interest of both parties. While the mediator plays an important role in mediation, they do not make the final decision for the parties. Those involved in the dispute participate, offer suggestions, and arrive at an agreement. 

What is Litigation? 

Litigation is another terminology for a lawsuit. The parties involved in a personal injury case decide to take the dispute to a court of law if they cannot agree among themselves.

In this dispute resolution, a judge or jury bears witness to the plaintiff against the defendant and uses the available evidence to make a ruling.

The goal of taking the personal injury case to court is for the plaintiff to receive compensation for their injuries instead of letting the defendant’s face jail. Litigation may be helpful for parties that experience communication roadblocks. 

Advantages and Disadvantages of Mediation

Advantages of Mediation 

Some parties would settle for mediation after discovering the benefits. Here are the advantages of choosing mediation in a personal injury case. 

• Confidentiality-The information shared during mediation between the parties and mediator is confidential. This means that parties do not need to worry about their details being exposed to the public.

   

• Cost Effective- Mediation can last a few hours. The parties do not need to go to court, which may take years to resolve their dispute. This makes mediation cost-effective and causes less stress than litigation. 
• Preserves relationships- When parties resolve a personal injury case among themselves, they leave the negotiation satisfied. One does not feel biasness from a third party since the parties involved in the dispute work together to come to an agreement. 
• Control over the dispute outcome- When parties choose mediation, they decide the best outcome within their interest with the help of a mediator. They do not need to worry about a judge or jury deciding the outcome of the personal injury case. 
• Easy to communicate- Parties involved in dispute resolution through mediation do not need to communicate through lawyers. They speak directly to each other. This means that communication is easier, clearer, and more effective. 

Disadvantages of Mediation

While mediation can be a better option for personal injury case resolution, it also comes with various cons. Here are the negatives of mediation. 

• Parties may fail to reach an agreement, taking more time and money in the long run. 
• Parties do not have access to much information from each other since the details are usually confidential.
• There may be issues resolving the dispute where a legal position needs to be determined.

• Parties involved may be unavailable or unwilling to negotiate, taking more time to resolve the dispute. 
• The agreement between the plaintiff and defendant would possibly require court enforcement. 

When choosing mediation, the parties should evaluate the advantages and disadvantages and make informed decisions because cases vary. 

Advantages and Disadvantages of Litigation

Advantages of Litigation 

Having explained what litigation is, it is important to know the pros and cons before you settle for this option. Here are the pros of choosing litigation for dispute resolution of a personal injury case. 

• Litigation happens formally by an official state agency, making the entire process clear and detailed. 
• The process is conducted openly with clear data and evidence, making it faster.
• Dispute resolution involves a judge or jury who uses available evidence and witnesses’ testimonies. 
• Court decision from the judge or jury is binding and has legal force from an experienced team. 

Disadvantages of Litigation

When parties involved in a personal injury case decide to go for litigation to resolve their disputes, it is important to note the disadvantages listed below. 

• The entire process can be challenging and emotionally draining.
• Litigation can take a lot of time due to the processes and requirements involved. 
• Due to court backlog, many legal cases in waiting can derail a personal injury case.
• Litigation can damage relationships after the ruling because the other party may feel the judgment was biased. 
• Communication can be challenging since the parties can only communicate through their lawyers. 

Resolving a personal injury case following a car accident through litigation is challenging and costly. The parties can explore ways to resolve their differences and minimize the costs.

Examples of Cases where Mediation or Litigation Might Be More Beneficial

There are different cases where mediation and litigation can be effective and beneficial. Mediation can be effective in most non-criminal cases. This option can work in cases involving verbal harassment. In most cases, such disputes result in successful mediation. For instance, a dispute between a driver and passenger that resulted in partial injuries that do not require a lot of money on treatment can be resolved through mediation.

The parties work with a mediator to determine the best possible settlement offer to end the conflict. On the other hand, if the accident is severe and the parties fail to agree on a favorable solution, they can proceed to court for a possible resolution.

Practical Advice for Choosing Between Mediation and Litigation

Both mediation and litigation serve the same purpose depending on the circumstances of the case. It is important to note the pros and cons of individuals’ choices to make informed decisions. Parties should analyze the leading factors such as the cost, time, and choosing a trustworthy mediator. Mediation may be a good option where both parties do not want to waste time and money going to court.

The Importance of Seeking Legal Counsel When Making These Decisions

When parties get involved in a personal injury case, deciding whether to go for mediation or litigation can be challenging. For this reason, it is important to involve experienced personal injury lawyers who understand how litigation and mediation work in Tulsa, Oklahoma. An experienced lawyer can offer legal counsel and assist with appointing a skilled mediator, provide advice on legal issues, be present during the mediation process, and draft settlement agreements during mediation. The lawyers can offer legal help and create a smooth process for settling disputes in personal injury cases. Contact us or call us at 918-359-6600 today for a free consultation.