“The obligation of our profession is, or has been thought to be, to serve as healers of human conflicts. To fulfill our traditional obligations means that we should provide mechanisms that can produce an acceptable result in the shortest possible time, with the least possible expense and with a minimum of stress on the participants. That is what justice is all about.” U.S. Supreme Court Chief Justice Warren Burger, in his Annual Report on the State of the Judiciary, January 24, 1982.
Attorneys Mediation Services, LLC, is an Ohio Limited Liability company formed in 2001, devoted exclusively to the mediation of pending lawsuits and potential lawsuits. Only experienced trial attorneys are employed as mediators by the company. Mediation is conducted for all types of civil cases, including personal injury, medical negligence, breach of contract, consumer actions, general tort law, and domestic relations. The principals of the company have mediated over 8000 cases.
Attorneys Mediation Services, LLC, is owned and operated by Attorneys Joseph Calabretta and Jeffrey S. Wilkof. Mr. Calabretta has been a practicing attorney for more than 35 years, concentrating on civil litigation in the areas of personal injury, wrongful death, medical negligence, product liability, business and commercial law, and real estate. He was a mediator with the Stark County Court of Common Pleas from 1996 to 2010. Jeffrey Wilkof has been a practicing attorney since 1980, also concentrating on civil litigation, and focusing on the areas of personal injury, wrongful death, medical negligence, business and commercial law, probate law, and real estate. Mr. Wilkof was a mediator with the Stark County Court of Common Pleas from 1997 to 2012. Mr. Calabretta and Mr. Wilkof now devote their practices exclusively to mediation.
The decision to mediate a disputed matter can occur prior or subsequent to the filing of a legal action. The parties can agree to the mediation, or a judge can order the parties to submit the matter to mediation. Certain states may have statutory provisions regarding mediation. Ohio statutory law defines mediation parameters at The Ohio Uniform Mediation Act, §2710.01 et seq. of the Ohio Revised Code, and all mediations are conducted in accordance with the provisions of that statute.
The following is a summary of the steps followed to facilitate the process.
- The parties and/or their legal representatives agree to submit the matter to mediation.
- The legal representatives contact the company with a request to initiate the mediation process. Additionally, the representatives provide the company with the relevant information regarding the parties, case information, and attorneys involved.
- The staff of Attorneys Mediation Services schedules a mutually convenient time and place for the session.
- Following scheduling, the mediator confirms the appointment in writing and requests submission of necessary documents to be used in the mediation.
- The mediation is conducted with all necessary parties present. In the event of a resolution, the settlement is journalized on a form prepared by the mediator at the conclusion of the mediation, and is signed by all parties and representatives.
For counsel and/or parties who wish to convene the mediation session in the Akron-Canton area, mediations are conducted at the Hilton Garden Inn located at the Canton-Akron Airport. In order to reserve the location, a $250 per party deposit is required prior to the mediation session. In the event that the session is cancelled more than 30 days in advance, 100% of the deposit is returned. The deposit is forfeited if the session is cancelled fewer than 30 days in advance.
The fees charged for mediation depend on the number of parties to the case. Fees are charged on the following basis:
3 or more parties
$200 per hour per party
Travel time up to 1.5 hours each way is billed at the above listed rate. Any travel time exceeding 1.5 hours each way is billed at 50% of the above listed rate.
It is the philosophy of Attorneys Mediation Services that mediation is the most successful and equitable form of alternative dispute resolution available to the legal community. This requires a combination of legal experience, impartiality, communication skills and knowledge of the subject in process. Mediation, while permitting the lawyers to function as advocates on behalf of their clients, affords the parties the opportunity to play a meaningful, significant role in attempting to resolve their dispute. Even when a case does not settle, the mediation process can lay the groundwork for future productive discussions regarding resolution. It is essential that the mediation be conducted by an impartial, experienced trial attorney who takes control of the process, but permits all sides to have a say in the outcome. The success rate of Attorneys Mediation Services is between 75% and 85%. Attorneys Mediation Services welcomes the opportunity to assist you.