Every personal injury case is different even when the facts may appear to be similar. Every attorney may practice similarly but is different from another attorney in some way. Injured people encounter both realities when they hire an attorney to help with their claims. Knowing that any personal injury claim will be unique, each client should choose the attorney that he or she is most comfortable with and trusts.
The practice of law has experienced a growing emphasis on the use of alternative dispute resolution since the late ’90’s. As court dockets increased, many courts saw alternative dispute resolution as a means to resolve cases while imposing fewer costs on the litigants and saving the courts’ time and resources. In recent years, mediation has become the primary form of alternative dispute resolution used. Reflecting that trend, many law schools have offered classes focused specifically on mediation for years at this point.
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Mediation in Personal Injury Cases
In Southwestern Ohio, our common pleas courts have in-house mediation departments or rely on a variety of local mediators to be appointed by the court to mediate cases. Most personal injury cases that are filed into court are at some point ordered to mediation. In the alternative, the parties are likely to agree to hire a private mediator.
While the preparation of a personal injury case does not change dramatically in the lead-up to mediation versus trial, some attorneys have certainly learned a distinct skill set that helps them at mediation.
Perhaps the most important step when preparing for mediation is choosing a mediator that suits the case. Like every case and attorney, each mediator is different. Like all people in general, every mediator brings a different personality and style to the table. Some mediators are known for their ability to work collaboratively with all parties to reach a result that suits everyone. Other mediators let the parties control the process and step in as needed.
When your attorney is active in the legal community whether it be through local, state, or national trial attorney organizations, he can often collect background information on a proposed mediator that he may not have worked in the past. An attorney active in the legal community may also have practiced with or against the mediator in question and have personal experience with that mediator’s personality and style. However your attorney comes by the information, your attorney should be able to tell you what to expect from the proposed mediator for your case.
Working With Mediators and The Richards Firm
Our owner and managing attorney, Rhys Richards, is committed to continuing to learn as much as possible to be best prepared to represent our clients at mediation. He has volunteered at a local law school’s mediation class once a semester for years now and does his best to read whatever new book or article comes out on the topic.
Trial attorneys want to try cases. Period. Trials are time-consuming and nerve-wracking for everyone involved from judges to attorneys to jurors to injured people. In a climate where mediation has become the norm and may very well provide the best resolution of your case in lieu of trial, you need an attorney who is invested in and understands the mediation process and can help you choose the best mediator for your case.
The Richards Firm is prepared to handle all of your personal injury needs. The Richards Firm is your local bicycle accident, motor vehicle accident, motorcycle accident, truck accident, and personal injury lawyer based in Hamilton Ohio. We also handle wrongful deaths, premises and product liability cases, dog bites and attacks, and nursing home negligence matters.
We use our proven approach to provide you with the answers that you need with a family approach. Call The Richards Firm today for practical, no-nonsense advice on your legal matter and for assistance from the beginning of the case up to and including litigation. The Richards Firm has handled hundreds of mediations and can guide you in every step of that process, especially the choice of the best mediator for your case.
When you call us, you speak to an attorney, not answering services, receptionists, or legal assistants. We can be reached at 513-868-2731, ext. 219 or visit us at https://richardsinjuryfirm.com.
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