What is mediation?
Mediation is a confidential form of dispute resolution in which the parties work with a neutral third party, the Mediator, to reach an agreement or an accord that resolves their differences.
It is also a highly confidential proceeding. Ohio law leaves no doubt that things said and done while parties in settlement negotiations are off limits at the courthouse, therefore encouraging open communication between all parties.
When the parties reach an agreement, the essential terms are reduced to writing, and the parties sign a settlement that memorializes the agreement.
THIS LIST IS REPRESENTATIVE, NOT EXHAUSTIVE:
- Business & Commercial
- Contract Disputes
- Employment and Labor Disputes
- Personal Injuries such as car crashes and medical negligence
- Premises Liability
- Real Estate
What is the mediator’s role?
The mediator is impartial and works with all parties to resolve the conflict. This is done by separating the people from the problem, focusing on the interests, not positions. Our goal is to help you reach a resolution. One is based on an understanding of your own views, the other party’s views, and the reality you each face.
AmySue Taylor understands the power and significance of mediation in dispute resolution. As a Registered Nurse, she is experienced in diffusing conflict so parties can work together toward a common goal. Her career as a trial lawyer has been equally divided between the representation of plaintiffs and defendants. She has tried cases surfacing from vehicle collisions, medical malpractice, construction accidents, insurance coverage disputes, and business litigation.
How does the mediation process differ at our law firm?
You will have an experienced and educated mediator with outstanding conflict-resolution skills. AmySue Taylor will take the time necessary to help resolve your conflict.
There are 6 stages to mediation:
- Pre-mediation day interview. The parties provide the mediator with a written summary of their positions before the mediation. The mediation can be held anywhere that the parties mutually agree upon.
- Introduction to the process and the parties on the day of the mediation.
- Each party explains the dispute.
- We clarify the issues and interests.
- We identify solutions.
- We conclude the mediation.
What if the dispute does not settle at the called mediation?
The mediation would be concluded and an impasse called.
It is at the point of impasse that Attorney Taylor implements her own unique method to the mediation process. If a dispute doesn’t settle at the first session (round 1), then she will recess the mediation and request that the parties return for a (round 2) “wrap up” session.
The “wrap-up” sessions have proven successful at resolving even the most difficult disputes. When parties choose to participate in the wrap-up session, most of the time a dispute will be resolved.
Why should I consider using a mediator?
Preparing a case for trial and the trial itself is a very expensive process in any forum. Mediation is an informal process for dispute resolution and is usually a far less expensive method to end the conflict as opposed to a trial.
Equally important, the parties may have the opportunity to accomplish through a mediated settlement what they could not get done at a trial. The solution is your decision. A trial affords the parties only one alternative–to win or lose. Moreover, the final outcome of a trial is always uncertain and the results will be harsh for someone.
What are the advantages of mediation?
- It is less expensive than litigation.
- It is private, unlike a court trial.
- It can usually be completed in a day or two.
- It is conducted in a relaxed, informal atmosphere compared to a trial.
- It can yield a creative resolution, unlike a court of law.
- When mediation is successful, the dispute is over.
Are there disadvantages to mediation?
No. Even if you are unable to resolve the dispute at mediation, the parties are better informed. It can also provide an opportunity to preserve the relationship.