Going to trial is no fun.
In fact, many clients have told me they were hesitant to bring a claim because they feared walking to a courtroom. On the other side of the coin, some of my clients boldly proclaim the desire to “have their day in court.”
Trials are expensive and time-consuming, but if you are seeking justice, what else can you do?
Mediation can be a good alternative.
Mediation Process
The mediation process is simple. When two parties are unable to reach a resolution, they may engage in mediation. The first step is to select a mutually agreed upon mediator. Often times, the mediator is a former judge, who is impartial and understands the law.
Mediation is, in effect, a mini-trial. Both parties present evidence and testimony to support their position. The mediator initially attempts to seek common ground between the two parties. Then he or she will focus in on the key issues to determine where a compromise can be
made.
Both parties, during the process, are typically in different rooms. The mediator will physically go back and forth in an effort to whittle away the differences. By the end of the day, even if a joint resolution is not achieved, much has been accomplished, and the parties are one step closer to reaching an agreement.
Mediation Results
I am a huge advocate of mediation. In all my years as a Cleveland personal injury attorney , I have learned that if you develop your case properly and articulate your arguments, you have a real chance of getting exactly what you want in mediation.
I recently advocated cases in mediation that resolved for $75,000, $80,000, $216,000, $750,000, $2.1 million, $3.5 million, and $5.25 million! My clients didn’t have to go to trial and still were able to get the compensation they deserved.
Mediation vs. Litigation
One distinct advantage of mediation over trial is that once you reach a resolution it is final, whereas with the trial process, a jury’s verdict may likely be argued in the court of appeals for several years.
Another advantage of mediation is that it is confidential.
In the beginning of any mediation, the mediator sets forth guidelines that anything discussed is in strict confidence. This means that the general public cannot gain access to the facts of the case. A trial, however, becomes part of the public record. And, we know that once matters become part of the media they have a tendency to take on a life of their own.
I often use mediation in my work as a Cleveland medical malpractice attorney, but mediation isn’t just limited personal injury matters. In fact, mediation is common for many types of domestic disputes, such has custody and divorce matters.
I hope you never face the prospect of a trial, but if you do, mediation can be better alternative for many cases.
