Cincinnati Personal Injury Lawyer Explains Mediation

West Chester, Mason, and Cincinnati Ohio

As a Cincinnati personal injury lawyer for 30 years I have seen the development of injury lawsuits and many changes in the law. One of the significant changes especially for personal injury lawsuits is the use of mediation. Mediation is the use of an independent third party to help the injury victim and the insurance company they are fighting reach an insurance settlement for the personal injury such as a car accident. But it can apply to any dispute. The third party has no  power to impose a solution. They use their skills in helping the parties compromise to reach a final settlement figure. Mediation is distinguished from arbitration. In arbitration a person or persons sit as the judge and the  trial is shortened because documents can be substituted for mediation. Some Courts will require you to go to mediation or arbitration. In Ohio the parties can appeal the arbitration and go to trial.  Arbitration has become outmoded because of the use of mediation. The problem with arbitration is and was the parties ability to appeal. Allstate insurance was known to appeal almost every arbitration. However if you get a favorable jury verdict after Allstate's apppeal this can set the state for a bad faith claim and prejudgement interest. Although the interest rate has been decimated from 10% to a small fraction by the legislature, rendering prejudgement interest not as useful to keep big insurance in check. Many courts employ mediators. This can come without charge to the litigants. However in larger cases I suggest you hire an independent mediator. A real mediator should have skills that help other than just passing offers back and forth. A great mediator is able to analyze the issues and point out the strengths and weakness of the parties to their case. They are also able to get the parties to see how a compromise they may ultimately suggest has advantages to both parties. So if your personal injury attorney  files a lawsuit for your personal injury I strongly suggest you hire an outside mediator. Cincinnati personal injury lawyer Anthony Castelli Attorney welcomes your call at 621-21345 for a free consultation to find out, How much your case is Worth and what steps he suggests to getting the compensation you deserve.