We pride ourselves at Holzfaster, Cecil, McKnight & Mues in utilizing alternative dispute resolution methods, including mediation, whenever feasible. Litigation can be very costly both from an economic and emotional standpoint. There is no reason to "pour gasoline on a fire" when collaborative approaches can potentially resolve legal disputes. In fact, one of the precepts of our firm's mission statement states that we shall: "Attempt to mediate legal disputes with adversaries when feasible".
It is important to appreciate the difference in a willingness to consider alternative dispute resolution approaches and being reluctant to litigate cases. Some law firms and attorneys only practice collaborative law. They are unwilling to litigate cases. In a utopian society, all cases would be settled collaboratively. However, that is an unrealistic approach for many cases in today's world for multiple reasons; such as the the stubbornness of the parties, nature of the contested issues, the desire to win at all costs, poor advice from counsel, or sometimes just plain ignorance.
As an attorney, if you are experienced in handling similar cases and you know the facts and legal precedents, then it is important to clearly advise the client about the risks/benefits of litigation versus mediation. When use of alternative dispute resolution tools are not appropriate, our attorneys are trial tough and will fight to aggressively represent you and protect your rights in Court.
In the Dayton, Ohio, area there are many mediation options available. An experienced attorney will evaluate the nature of the dispute and emotional nuances, whether a Court is involved, and the strategic goals and objectives of the parties. Private mediation options are plentiful. There are a myriad of professional psychologists, lawyers, and retired Judges who are willing to be hired to mediate cases. If the "battle" involves a divorce or a domestic relations matter, most area Courts offer free mediation services geared towards reducing their caseload and to, hopefully, achieve better results than those accomplished through traditional litigation. Studies demonstrate that agreements reached through compromise and negotiation in a mediated environment end up helping to preserve relationships between parties and have better "staying power" than decisions issued by the Court after trial.
If you are looking for more specific information about mediation, we have written many articles about it for the Ohio Family Law Blog that we have published since 2007. Check them out! If you have legal concerns and want to discuss them, including possible alternative dispute resolution options, please don't hesitate to call us at (937) 293-2141, or email us by clicking here. Additionally, we have an emergency phone number, (937) 760-4357, that is answered around-the-clock by one of our experienced lawyers.
Divorce and Family Law Matters
