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 mediator has no power to impose a solution. They use their skills in helping the parties compromise to reach a final settlement figure. Or whatever sollutions are approriate to the parties case. For instance work place conflict is a great opportunity for employers to use mediation to save time and money and relove work place conflict.
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 witnesses in some cases. Some Courts will require you to go to mediation or arbitration. In Ohio the parties can appeal the arbitration and go to trial. Arbitration, although used quite a bit, is a more costly process than mediation. The problem with arbitration is and was the parties ability to appeal. Although this is often controlled by the contract clause that specifies arbitration.
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 stage 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 private mediator should have skills that help the parties focus on the positions as well as the underlying interests that motivate the positions versus than just passing offers back and forth.
The best mediators are able to analyze the issues and questiot 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 private 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.