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Mediation Vs. Trial – Which is Best?

Mediation continues to rise in popularity in the legal system. Because mediation is such an important part of personal injury cases, we field more and more questions about the mediation process and walk almost every client who ends up needing to file suit through that process. While some cases will just need to be tried, we suggest mediation to our clients in most cases if only on the off chance that a resolution can be reached that allows our clients to move on. 

Your case is unique.  The best course of action will depend on the nature and details of your case. For this reason, it is always a good idea to consult with an Attorney near Hamilton Ohio when dealing with a personal injury claim that may need to be litigated. 

At The Richards Firm, we always work for your best outcome whether that comes by resolution pre-suit or through litigation, mediation, and even trial will depend. Let’s dig a little deeper. 

Advantages of Mediation

  • Length of time- Mediation tends to occur months in advance of trial. Many mediations take a half or full day to complete. 
  • Cost Efficient- A mediator will charge a fee for his services, but that fee can be minimal when compared with the cost of a trial. 
  • Non-binding- if you choose to go through mediation and are unhappy with the negotiated settlement offer you can always choose to walk away and try your case to pursue a more significant result. 
  • Both sides can present the information that they expect to use at trial.

Choosing a mediator 

Your Attorney in Hamilton Ohio will help you select a mediator. Your attorney will look at a mediator’s background and past results and utilize his own experience and expertise to guide you in choosing the best mediator for your case. 

How do Mediators and Lawyers Work Together?

When you attend a mediation, your lawyer will accompany you and represent you in the same way they would in a trial. The attorney’s role is to fight and advocate for you to receive the compensation you deserve. 

Prior to mediation, your lawyer will prepare a written statement with the details of your case and make whatever necessary legal arguments. The mediation itself will be relatively low-pressure. You won’t be expected to testify and may not even be asked any questions. You and your lawyer are likely to meet in a separate room from the defense lawyer. The mediator will go back and forth trading arguments and furthering negotiations until an agreement can be made. 

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.

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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