The most important element of a successful mediation is the ability of the mediator to control the process. This requires a combination of experience, impartiality, communication skills and knowledge of the subject in process. Lawyers can be zealous advocates for their clients, while still working within a mediation context. The savings in time, money, and emotional involvement are an invaluable benefit to all involved. The following are examples of responses from attorneys who have represented individuals in successful mediations: SAMPLE LETTERS {2} SCANLON & GEARINGER CO., L.P.A. 1100 First National Tower 106 South Main Street Akron, Ohio 44308-1463 Phone (330) 376-4558 (888) 376-4558 Fax: (330) 376-3550 Jeffrey S. Wilkof, Mediator Mediator's Office Fourth Floor, Stark County Courthouse Canton, Ohio 44702
Re: Ann Vs Nationwide Insurance Dear Jeff: I was reminded again today what a superb job you did mediating Ann's case. It could not have been accomplished without your willingness to explore a number of different approaches to solving the numerous problems presented by this case. To call your solution "innovative" would be a gross understatement. On behalf of my self, Kevin Hardman, and especially Ann, thank you again for your time and energy. I look forward to seeing you in the future. Best regards, Michael J. Del Medico --------------------------------------------------------------------------------------------------------------------------------- BAKER, DUBLIKAR, BECK, WILEY & MATHEWS 205 Mellett Building 115 DeWalt Avenue, NW Canton, Ohio 44702 Telephone: (330) 453-4999 Telecopier: (330) 455-0333 Jack R. Baker Ralph F. Dublikar Gregory A. Beck Donald P. Wiley James F. Mathews Mel L. Lute, Jr. Melissa S. Ulrich Daniel J. Funk Stephen E. Matasich Elizabeth A. Warg August 27, 1998 Jeffrey Wilkof, Court Mediator Stark County Common Pleas Court Stark County Courthouse Canton, OH 44702 RE: Stark County Common Pleas Court Dear Jeff: I wanted to take this opportunity to personally commend you for the job that you did during the recent mediation in the above-captioned lawsuit. This was a very emotional and contentious lawsuit arising out of a business relationship, with accusations of misappropriating money. When I suggest that this case be amenable to mediation, I was frankly very pessimistic that the case could be settled due to the emotions involved as well as the dollars. However, before embarking upon a very expensive trial with the accompanying anxiety and emotion, I felt that it was at least worth an effort to settle the case, even if that was highly questionable. In all of the mediations in which I have participated, this may have been the best job of mediating that I have every experienced. You were able to take a very complicated set of circumstances and quickly get to the nub of the problem. Your persistent efforts, skill and judgment resulted in a settlement of the case under circumstances which I would have thought were virtually impossible. My clients were opposed to the mediation when it was suggested, but they walked out of the courthouse thoroughly satisfied that their case had been resolved, even though it meant that they had to pay the plaintiff some money. I am quite certain that they will express to you their feelings upon filling out the mediation questionnaire which will be sent to you in the next few days. In conclusion, I would just like you and the Common Pleas Judges to know that this mediation program is certainly working, and a major reason for that is the work that is being done by both you and Joe Calabretta. Thank you for a job well done. Very truly yours Ralph F. Dublikar Cc: Hon. John Haas Hon. Sara Lioi Hon. Richard Reinbold Hon. Lee Sinclair Hon. John Boggins
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