In today’s legal world, not every dispute goes to trial. In fact, a vast majority of legal disputes are resolved before they proceed to trial. One legal alternative dispute resolution method is through the mediation process.
What is mediation? Mediation involves working with a neutral person that serves as the mediator. Mediation gives the parties a structured, private opportunity to discuss the issues, evaluate practical options, and work toward a voluntary resolution with the assistance of the mediator. The mediator helps guide the parties in their discussions with the goal of helping the parties to reach a resolution of their dispute without the need to have a judge or jury decide the issues for them.
Mediation is a confidential and collaborative process that helps parties address disputes without handing decision-making authority to a judge or jury. The mediator does not impose a result. Instead, the mediator helps the parties communicate, identify interests, test settlement options, and determine whether a mutually acceptable agreement can be reached. The following benefits can be achieved with mediation:
Mediators can assist with a broad range of disputes, including matters involving civil litigation, business disagreements, contract disputes, probate and estate issues, fiduciary conflicts, real estate matters, employment-related disputes, insurance claims, and pre-suit negotiations. Mediation may be appropriate before litigation begins, while a case is pending, or when parties are preparing for trial and want one more opportunity to resolve the matter on their own terms.
Plakas Mannos offers private mediation services for parties in a variety of disputes, including probate, estate, trust, and fiduciary disputes, business and contract disputes, real estate matters, and employment-related disputes. Retired Judge Scott Gwin and David Dingwell lead Plakas Mannos’ mediation division.
Effective mediation requires preparation, patience, experience and practical judgment. Our mediation lawyers create a respectful process that allows each side to be heard while keeping the discussion focused on resolution. Before the session, we review submissions from counsel or the parties so the mediation can begin with a working understanding of the facts, claims, defenses, damages, and settlement history. During the session, we help the parties evaluate risk, explore common ground, and consider realistic settlement structures.
Our mediation services are available to attorneys seeking a neutral for their clients, parties involved in active litigation, businesses looking for cost-effective dispute resolution, families managing estate or probate disagreements, and individuals who want to explore resolution before pursuing further legal action.
Searching for mediators near Canton or Akron, Ohio? If you are interested in scheduling a mediation or would like to discuss whether mediation is appropriate for your matter, contact our office. We will work with counsel and the parties to identify a convenient date, determine the appropriate format, and outline the information needed for a productive session.
David Dingwell is a partner at Plakas Mannos, where he focuses on estate and trust litigation and planning, as well as probate and trust administration and legal / judicial ethics issues.