Cincinnati Mediation Attorneys & Arbitration Legal Services
An overcrowded and over taxed court system requires finding alternate dispute resolution forums to settle claims. Mediation and Arbitration are growing fields of practice for problem solving.
Both Tom and Terry Donnellon are trained and experienced in mediations and arbitrations. Both Tom and Terry have served as arbitrators and mediators to advocates in trial forum. The cases mediated include personal injury claims, construction law disputes, zoning and land use cases, and labor and employment law hearings. Being trained and experienced as mediators requires strong negotiating skills and creative problem solving. But, without active experience as advocates it is difficult to bring credibility to this problem solving mechanism. Terry and Tom Donnellon bring the skills to the table to help claimants to understand and successfully resolve their differences.
What goes into mediation?
We work in a neutral setting – a location that will not threaten either party. The mediator’s opening statement will define the mediator’s role in the proceedings, as well as the process and protocol. We will establish a time frame, and review the issues of both parties as well as case data. This introduction will establish the ground rules for the mediation.
Statement of the Problem
Each party will have the chance to tell his or her side of the story. There will be no interruptions. In most cases, the parties will speak for themselves, rather than have attorneys or representatives speak on their behalf. Usually, the party that asked for the mediation will go first. The purpose of this statement of position is to give each party an opportunity to clarify their position for themselves, and to demonstrate their emotional state as it relates to the case at hand. The goal here is to find a solution, more than it is to determine whether either party is “right” or “wrong.”
Here the mediator is looking to get both parties to establish a healthy, positive means of talking. Open-ended questions, and frequent re-statements from the mediator, are intended to make for a more friendly and cooperative communication.
Bargaining and Generating Options
This part of the process may include a brainstorming session to come up with ideas for solving the problem. Here each party can suggest or consider other ways of addressing the issues without committing to them or conceding anything. Each party may suggest hypothetical situations or possible approaches to finding a settlement.
Reaching an Agreement
Once the mediator finds some common ground, he or she may meet individually and confidentially with both parties. The idea is to create a safe setting for discussing the situation candidly. Solving the problem, and reaching a settlement both parties can agree to, requires all involved to feel safe and supported.
Donnellon, Donnellon & Miller is focused on this collaborative problem-solving practice.