What is a mediation? In our practice, we are often asked by the lawyers on the other side to either mediate or arbitrate our cases. These are often confusing concepts for our clients.
Last week in Columbus, Ohio, managing partner, Rob Sachs, Jr., spoke about how to communicate more effectively in mediations during a continuing legal education program entitled “Connectionology”. Also speaking with Attorney Sachs were outstanding lawyers and trial support experts from around the country including: John Romano (West Palm Beach, FL); Harvey Moore, Ph.D. (Tampa, FL); Steve Gursten (Detroit, MI); Dan Volkema (Columbus, OH) and others.
Unlike an arbitration where a decision is rendered at the end of the process, a mediation involves a neutral third party attempting to help the parties reach a meeting of the minds on the settlement value. If an agreement is reached, it is enforceable as a contract between the parties and either side could sue to enforce the contract if anyone ever had a post-mediation change of heart.