We believe it is critical that all of our clients are formally advised of the opportunity to resolve their case without litigation through the process of mediation.
Mediation is a voluntary process for arriving at agreement. A mediator plays the role of bringing the two parties together to determine their own fate, rather than having a judge determine it. A mediator is not an arbitrator, and the mediator decides nothing. Statistics show that more than 80 percent of cases are settled. Unfortunately, many of those settlements take place after much time has passed and many dollars spent in attorney's fees. The mediation process is a mechanism that can cut the time and expenses of resolving your case. It is an ideal process for the risk adverse to participate in creative and sometimes unconventional solutions.
Once you have made the decision to mediate, the attorneys will begin preparing for your upcoming mediation in ways such as:
Information gathering. Each side will request information from the other. Neither side can make valid decisions without adequate information. Any information that is relevant to the case will be requested. Be prepared to receive numerous requests for detailed financial information, including requests for tax returns, charge account records, checking account records, etc. In addition, appraisals and inventories of personal property will be required. Please respond promptly and thoroughly to these requests. The consequence of failure to provide such information may be delay, postponement, or even cancellation of the mediation.
Position development. We will meet with you prior to the mediation. We will develop a financial statement for you and will be asking for asset and liability documentation if we take on a divorce case. In employment and personal injury cases, we will ask for information related to your damages. We will develop a "Mediation brief" that will contain reference materials for use by us and the mediator. We will track negotiations and initiate proposals and demands.
We believe it is essential to the success of the mediation that both sides provide each other with information before we get to the mediation. Your cooperation will assist us in setting the stage for a successful mediation.
We want you to understand the mediation process so it can be used successfully. Listed below are some warnings, suggestions, and information:
1. As stated above, 80 percent of cases are successfully mediated, so remain optimistic. Those are good odds.
2. If you have been the victim of physical abuse, you may not be a good candidate for mediation. Discuss this with us.
3. Mediation can be arduous. Prepare yourself physically, mentally and spiritually. If the session continues past 5:00 p.m., which many do, fatigue can play a major role. Be prepared for that.
4. Be prepared to relive the difficulties of the marriage and/or adverse action. Be prepared to become angry. It will happen. The key is to keep it under control and refuse to become victimized by it.
5. Remain patient. Threats to leave the mediation are counterproductive.
6. Refrain from attacking the mediator or your own lawyer over the message they deliver to you.
7. Be creative. Be willing to look at ways to satisfy your spouse's needs. Allow your lawyer to "brainstorm" with you over possible solutions.
8. Be attentive. Negotiation can be extremely difficult to track. You must be very attentive to the proceedings.
9. Be thorough. Read the final agreement carefully. This is hard at the end of the day, but you should stay "in the game" to the end.
10. There are long periods of "down time." Bring reading material or work to do during these periods.
11. The mediation could last well into the night. Make arrangements to be involved until 8:00 p.m. or 9:00 p.m.
12. The mediation process creates pressure and fatigue. In one sense, this is good because it simulates the pressure and fatigue that arise at trial, so it facilitates settlement. On the other hand, your agreement must be knowingly and intelligently done, and of your own free will. So, if you find yourself getting to the point of feeling under unwanted pressure or fatigue, let us know. We will arrange for a break, nourishment, or an end to the session.
Abraham Lincoln said, "No matter how closely you shave it, there are always two sides." He also admonished lawyers to settle cases, saying:
"Discourage litigation. Persuade your neighbors to compromise whenever you can. Point out to them how the nominal winner is often a real loser: in fees, expenses and waste of time. As a peacemaker, the lawyer has a superior opportunity of being a good man. There will still be business enough." Abraham Lincoln's Notes for a Law Lecture.
We understand how important your case is to you and to your family. We know how precious your child or your previous employment is/was to you. However, it is our job, as effective and competent counsel, to counsel you objectively to advise you of how things will go in court. It is also our role, as President Lincoln pointed out, to counsel you to compromise where appropriate to achieve resolution. In that regard, the courts have made it crystal clear that fathers are to be afforded "unfettered visitation" with children. Our role is to counsel clients to avoid pursuing matters in court where-in a court setting-it will be impossible to demonstrate the concerns of a client, valid as they might be. When we do so, we are advising a client from the standpoint of how proof will look in court, not how we would like the result to be.
As hard as it was, you did this right . . . and you saved a ton of trouble, hassle, and money.
If you have a scheduled mediation or are contemplating mediation assistance in your case, please contact our firm Call (405) 414-2222 and one of our experienced attorneys can assist you.
“I'm very satisfied. Katherine listened to me and seemed to really care about me and my case. She got me results and I have referred someone else to her. The Mazaheri Law Firm is by far the best experience I've had with any law office. Great job!”
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“Overall, I was very satisfied with the legal services that I received and I would call the firm again if I needed legal representation.”
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“Ann was wonderful. She made us feel like we were important to her and we always felt like she was totally on top of things. She was extremely thorough in handling our case.”
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“Ann was professional and she explained everything to us, everything, and how long it will take. I will certainly recommend her and your firm to my friends. You have my business. The attorney is honest and keeps me updated.”
“I was very pleased with the representation provided by Ann Zachariah and Mazaheri Law Firm. Ann is a competent and caring attorney.”
“I've referred other people to Katherine. The office was really convenient to where I live in Edmond. She listens and explained my case to me and all possible scenarios that could come from it.”
“Thank you for everything. I’m so happy it’s over and God is good.”
“Thank you in advance for all you have done for me in this case. I will be eternally grateful for all the effort and dedication you put into my case.”
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“The lawyer took on the load of handling my case so I didn't have to. She told me what I needed to know and what she could do before we even got started. Overall, I had a good experience.”
“I was referred to Katherine through the Oklahoma Lawyers for Heroes program. I expected to get second class service since we weren't paying. I was completely blown away by the way we were treated. I could have never imagined feeling so comfortable and welcomed. Katherine answered every call almost immediately and my emails were also answered within the hour! She worked expeditiously to get our program resolved before my husband was called away for duty. I could never thank her and her team enough for what they did for my family.”
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“I was very pleased with the representation I received. Ann was helpful and professional at all times.”
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“Loved you guys, you were a blessing to our family. Thank you so much for all you've done!”
“Thank you for your time and your prompt attention to this case.”
“Brice was awesome! He was very professional and knowledgeable. What was most important was the respect from the people, outside of the firm, that we came in contact with. Thank you!!”
“Thanks Brice. You are my ROCK!!! P.S. I have already referred 2 people to your firm and will continue to do so!”
“I was well satisfied with the services. Stated he was greeted courteously, explained the progress of his case, felt his attorney cared about him and his case, and charged fairly for for the services provided.”
“I found Katherine from the Yellow Pages. She was well worth what I paid for her services. I am very satisfied how well my case turned out and will continue to use her from my legal services.”
“She is good. Very magnificent. I am very satisfied with Katherine's services. She seems to have a good future. My phone calls were returned quickly and the assistants were very pleasant. The attorneys explained what the firm would do for me and I appreciate that. I will recommend her to friends in need of an attorney in the future.”
“Back when I dealt with Katherine she had not much staff, but my calls were returned and she always let me know where my case was. I'd definitely call on her if I need help again.”
“The lawyer handling my case explained the progress of my case and she was available when I needed to meet with her. I feel like she cared about my case and overall, I am satisfied from the legal services I have received.”
“She is always available when you call with a question or she will call you back in good time. She is very easy to talk to and makes you feel very comfortable. If in the future I need an attorney I will contact her.”
“I absolutely felt like the attorney cared about me and my case. My attorney was a dream. She is an asset to the firm. She is kind, considerate, and competent.”
“When I began my case I was so distraught and I looked in the yellow pages and researched the website and felt comfortable with contacting the Mazaheri Law Firm. The lawyer was very upfront and made me feel so comfortable, I've referred other people already. I appreciated her honesty and that nothing was sugarcoated. I also appreciate the firm returning my calls promptly.”
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“Law firm was great and [my case] handled very professionally. They told me exactly what to expect and she didn't beat around the bush about it. She was very honest and compassionate.”
“Victory! Thank you...”
“Que es una abogada que inspira confianza en su forma de explicar el caso. Se siente seguridad total. Es segura para ganar cualquier caso.”
“Una de las cosas principals para nosotros como hispanos es que si tuvieran algunas personas que hablen el español seria de bastante ayuda para nosotros y ustedes como para su despacho o oficinas.”
“I truly appreciate the work being done on my behalf by your firm. I am especially grateful for having Ray Tompkins on my side. Last week I wrote him because I had concerns about my case...Ray really came through...I feel very confident and know that we're in the best of hands.”
“Thank you for all your help with this, we do appreciate it.”
“I found out about this firm on a billboard. I liked the staff and they made me feel comfortable and spoke Spanish. Katherine was available when I needed her”
“I appreciated Ann's sensitivity and patience as she represented me. I have nothing but gratitude. It was a bad situation made bearable by someone who simply cared. I doubt I will ever forget that!”
“La oficina no estaba en un lugar conveniente pero mis llamadas fueron devueltas rapidamente y ellos me dieron reportes de mi caso regularmente. La abogada se precoupo por mi caso durante la representacion. Me siento que la firma es mejor que otros porque es bilingue y todos los abogados son muy amables." I am very satisfied with the staff at the Mazaheri Law Firm. I could meet with the attorney when I needed to and could always get an answer if I had a question on my immigration case. I'd refer her if I needed a lawyer again.”
“Cases are taken very well. I feel that the office staff and attorney took my case very well.”
“Can't comment on suggestions because they do not need any. Great work”