Mediation important to help parties tell their stories

To Anne Marie Sferra, mediation is more than just a way for advocates and the courts to settle a case. “Mediation presents a much-needed opportunity for some litigants to tell their story and, equally as important, have someone listen to it,” says the Bricker & Eckler partner and member of the firm’s Alternative Dispute Resolution Services group. “In my experience, I have found that it is particularly important to parties who are not ‘regulars’ in the court system to be able to explain what happened and why they believe they have been wronged. While some defendants do not like to sit through a plaintiff’s rendition of what happened during mediation, this can be an important part of the process, especially if the plaintiff (and not his lawyer) is telling the story.”

Anne Marie is a proponent of mediating in a number of circumstances, including cases where the primary concern is money damages. Mediation can also be beneficial when a party wants to try to control the outcome, when you are in an unfavorable jurisdiction or when your case involves a sympathetic opponent.

“On multiple occasions, I have been surprised that cases I never thought would settle were resolved during mediation. Mediation is usually preferable to having parties try to settle without a mediator. You never know if a case will settle until you try.”

So what should you look for in a mediator? “In my opinion, the best mediators have strong communication skills, including being good listeners. Patience and the ability to empathize are also important.  Mediators should also be comfortable dealing with conflict and high emotions,” says Anne Marie. “Of course, it is also good to have these traits if you are an attorney representing a client in mediation (as opposed to serving as the mediator).”

In addition to providing mediation and arbitration services, Anne Marie is chair of the firm’s Appellate Advocacy group. She has experience in insurance cases, including class actions, ERISA, bad faith claims, coverage issues and issues involving Ohio’s tort reform laws. Anne Marie also has experience handling a wide variety of business-related cases, original actions, and election law matters (including initiative and referendum petitions).