What is Mediation: How it plays a role in Legal Proceedings
The legal process can be complex and intimidating, particularly in the context of civil cases. A vital component of these
proceedings is mediation, a concept that often prompts numerous questions from the individuals involved. We aim to provide
you with an in-depth understanding of this process, drawing from insights shared by Mr. Tyler Bailey, a seasoned trial lawyer and
managing attorney at Bailey Law Firm, located in Columbia, South Carolina.
Banishing Fear of Lawsuits
Many clients express apprehension about initiating a lawsuit due to the prospect of testifying in a trial before a judge or jury.
However, we reassure them that filing a lawsuit is often the most effective strategy to ensure they receive the justice they
deserve. We emphasize the need not to fear going to trial, as the majority of cases are settled during mediation.
What is Mediation in Law?
Mediation is a negotiation process managed by a neutral third party, with the objective of helping the disputing parties reach a
resolution. In the state of South Carolina, it is a mandatory step in all civil cases, regardless of whether they are filed in common
pleas (the state court that handles civil cases) or federal court.
We use a simple analogy to explain mediation, comparing it to a childhood disagreement over a toy where a parent acts as the
mediator. The parent listens to both sides and then attempts to arrange a peaceful resolution. However, in the realm of legal
disputes, the ‘toy’ is typically monetary compensation, and the goal is to negotiate a fair settlement for the client.
The Process of Mediation
During a mediation session, the mediator alternates between the parties, discussing settlement offers and assessing if an
agreement can be achieved. If a case does not reach a settlement at mediation, it is usually because the mediator was unable to
facilitate an agreement acceptable to both parties.
For those who have suffered injuries, for instance, due to a car accident, and are uncertain about legal recourse, it is worth
noting that there is an opportunity for the case to be mediated. For inquiries about mediation, personal injury cases, civil rights
cases, or crime victims cases such as sexual assault or police brutality, Baily Law Firm is available for consultation.
Bailey Law Firm can be contacted at 803-667-9716, and they maintain an active presence on various social media platforms. The
firm takes on cases across the country and is committed to assisting clients in navigating the legal process.
To sum it up, mediation plays a crucial role in the lawsuit process, providing a platform for dispute resolution outside the court.
It allows both parties to negotiate and arrive at a fair settlement, ensuring that clients receive the justice they rightfully deserve.