Mediation in Northern Kentucky and Cincinnati is typically a meeting between the parties, their lawyers and a mediator. A mediator is usually someone trained in handling disputes and most are former judges. Most courts require that the parties attempt to settle the case at mediation before the court will even give them a trial date.
Mediation is a chance to avoid the cost and uncertainty at trial. Christopher Jackson has tried over 60 cases, but we still recommend at least trying to settle at mediation if possible. Remember, that if we are unable to settle at mediation, we can tell the Court that we tried to mediate but now need a trial date. The Court will likely inquire as to why the case did not settle and remind both parties that a jury can be risky and that someone will lose.
The process of a mediation in Cincinnati and Northern Kentucky starts with all parties meeting together in a conference room before breaking up into separate groups in different rooms. Sometimes the parties will make opening statements to each other, but other times the parties waive their opening statements and submit mediation statements to the mediator. After separating into groups, the mediator typically starts with the Plaintiff to discuss the strengths and weaknesses of their case as well as the reasonableness of their initial demand. The mediator takes that initial demand to the defendant and has the same discussion about their strengths and weaknesses at trial. The mediator travels from room to room discussing the issues of the case until the parties reach a settlement or an impasse.
Mediators and Judges always tell us that neither party leaves mediation happy. The defendant typically feels like they paid too much and the plaintiff feels like they accepted less than they wanted. Nevertheless, mediation is usually in the parties' best interest to try and avoid the cost and risk of a trial.