Early Settlement does not have subpoena power and cannot make disputants respond to any action. However, Judges can order disputants to attend mediation sessions in which court cases have been initiated under current District Court rules, but the Judge cannot order participants to reach a stipulated agreement. In mediation, the mediator provided through the court system is a facilitator of communication between the disputants. Mediators are highly-trained and certified for this service as per Oklahoma law. Participation in Early Settlement mediation is voluntary until a Judge orders disputants to use the process.
Judges obtain jurisdiction to make that order through a court case filed in the court of authority.
However, voluntary, pre-court participation reflects a strong tendency to settle prior to, or out of, court. Legal rights are not waived by first trying to resolve issues through Early Settlement prior to court action. Legal advice cannot be given from the mediator, however, in mediation, even if complete settlement is not consummated, participants discover all the relevant issues to be heard by the Judge. Court costs vary, dependent on the services provided through the Court Clerk, the amount of the principal sum being sued for, how court papers are served, etc. These costs are origination costs, other actions like transfers, collection procedures such as garnishments and hearings on assets also have specific costs to the plaintiff, usually recoverable through the judgment of the court.