MEDIATION:
COURTROOM 6E STYLE BY Hon. Mark Serrott and Paige Kohn
For those that regularly practice civil litigation, mediation can be an excellent alternative to trial. While trial can be more interesting and sometimes necessary, the overwhelming majority of disputed civil cases settle short of getting to a jury. Indeed, out of the nearly 500 civil cases that were closed on our docket in 2020, we only had one civil jury trial. During that same time, however, Judge Serrott personally oversaw 23 civil mediations, only six of which did not settle. Similarly, Magistrate Mike Thompson, who assists both our docket and that of Judge Chris Brown, conducted 28 mediations, only five of which did not settle. Combined, out of these 51 cases in 2020, we had a settlement success rate of about 80 percent. Thus, compared to trial, which is riskier, costly and unpredictable, court mediation can become quite attractive for both clients and lawyers. Although the pandemic certainly impeded jury trials and mediations in 2020, we still had only one civil jury trial in 2019. Because trial is so rare, mediation can often become one of the best options for resolving a disputed civil case. Even more, during his 10 years on the bench,
Judge Serrott has mediated about 400 cases, settling the vast majority.
Benefits of Mediation Part art, part science, mediation is a fluid process where pros and cons can be weighed without the overly formal and time-consuming approaches of motions, experts or trial. Mediation can work for a wide variety of cases. While the most common cases involve personal injury, especially vehicular accidents, or breach of contract, we also regularly mediate property, employment, attorney fees/legal malpractice and general business disputes. While it is hard work for the court, clients and lawyers, mediation can be rewarding and provide many benefits over other forms of dispute resolution. Lowers Costs for All Parties One of the most pressing issues for any civil case is cost. Litigation is very expensive. When attorneys bill hundreds of dollars per hour to resolve discovery disputes, draft motions and conduct depositions, a few hours spent at the court with the goal of settlement can be quite cost-effective. Unlike private mediation, which can cost $350 an hour or more, court mediation does not cost either party anything. Further, the court does not play messenger “games” between the parties, which reduces the time spent on unnecessary
18 | Columbus Bar L aw yers Quarterly Spring 2021
