Early Settlement Mediation offers free service to settle conflicts out of court

from ADA HUB FEBRUARY 2020

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Early Settlement Mediation receives state funding to help parties reach agreements that resolve conflicts for free to help the parties save lawyer and court fees while helping reduce the number of small claims and civil matters on courts’ dockets. PHOTO BY NICHOLAS GEISLER

By Sunnie Dawn Smith

6 • www.adahub.com I n this day and age, scams are everywhere. In fact, it is such a common thing that if someone says something is “free,” chances are most people will shake their heads in cynical disbelief. However, one thing that actually is free and does what it says it does is Early Settlement Mediation, which gives people a chance to settle their disputes out of court at no cost to themselves thanks to funding from the State of Oklahoma, Jorjia Cash originally came to this program after graduating with her degree in legal studies from East Central University. She worked as a paralegal and was aware of the program through her job. When the director position came open, she felt like it would be a good fit for her. Though Cash is the director of the east central program – located in room K102 in the Memorial Student Union on the ECU campus – her office actually serves seven different counties, including Pontotoc, Pottawatomie, Coal, Garvin, Hughes, Okfuskee and Seminole.

The Early Settlement Mediation Program was originally created by the Alternative Dispute Resolution Act passed by state legislators, and it governs everything that they do. It was designed to provide free conflict resolution options for Oklahomans. This helps average Oklahomans keep their own expenses down, and it also frees up space in the court system.

“Early Settlement Mediation is a great example of how the State of Oklahoma can invest a small amount of money to train volunteer mediators, which aid the overburdened court system by helping settle cases before they have to take up the judge’s time,” program supervisor Christine Pappas said. “And people are more invested in legal outcomes when they felt like they shaped the decision.” While this Early Settlement Mediation program is free, there are also private mediation programs that are not. While Cash can guarantee that their program is state-certified, this is also something

that other, private programs cannot necessarily provide. If someone is in search of mediation, not only are they getting a great service free of charge, but it is also legitimized through the state of Oklahoma. The only time that a private mediator would be the best option is if the dispute concerns domestic violence or a protective order as Early Settlement Mediation does not handle those cases due to concerns for the health, safety and well-being of all parties involved.

There are many different ways in which people can utilize this service. The most basic level is mediating small claims disputes or civil matters. For instance, if one party is going to sue another party for breach of contract, instead of getting lawyers, setting a court date and paying court costs, they can use Early Settlement Mediation instead. One person would just need to fill out an intake form, and Cash’s office would contact the other party. If they agreed to meet, a time would be set up with a mediator, and the two parties would sit down and discuss their issues. The mediator is not allowed to offer any sort of legal advice. Cash said many times these situations arise from miscommunication and having

the chance to discuss the issues faceto-face with an impartial party present can lead to amicable resolutions. If no agreement is made, then the parties are still able to go to court. If an agreement is made, they sign it in the office.

The other, more complicated level of service that Early Settlement Mediation offers is divorce and custody mediation. This can be more difficult because it involves more emotions, finances and sometimes children. These usually come in through the court system, and sometimes lawyers are involved, though Cash cannot make lawyers come nor keep them out. If it is an easy separation, then both parties can agree to their terms of divorce and take it before a judge to sign the agreement. These agreements must be signed with a judge and not in the office because they want to make sure that everyone’s rights are being respected. Even if the two parties cannot agree on everything, then any small part they can agree on ahead of time can reduce the amount of time in court as well as the amount of lawyer fees and court costs that quickly accumulate.

One of the things that Cash needs in order to make her service even more

www.adahub.com • 7 successful is volunteers. Because it is a free, state-funded service, it is also dependent on volunteers. However, all the training is also completely free of charge. The basic training in small claims and civil matters takes two days. It is a combination of lecture and role-playing, and the students are taught many skills, including active listening and conflict resolution. After the basic training is completed, volunteers can opt to do the three-day training in divorce and custody mediation.

Volunteering for this program helps the community by lessening the amount of interpersonal conflict.

“It is very satisfying when you get an agreement, and two people walk out of the room happier than when they came in,” Cash said.

While volunteering for Early Settlement Mediation can help the community, it can also help the volunteers as they learn how to navigate interpersonal conflicts in their own lives.

For more information or to volunteer, visit their Facebook page at Early Settlement East Central Program, email them at earlysettlement@ecok.edu or call at (580) 559-5674.