Resolving Claims and Disputes through Negotiation, Mediation, Arbitration, and/or Litigation (Trials and Appeals)

Mr. Bergmann represents business, professional practices and individuals in the assertion of or defence against claims or disputes involving business, construction, employment, probate, personal injury, wrongful death claims and real estate matters.

Examples of cases in which Mr. Bergmann has represented clients are: bond claims; breach of contract; breach of warranty; constructions defects; conversion of intellectual property; defamation; employment discrimination; foreclosure (based on mortgages, mechanic's liens, and public liens); fraud; negligence; personal injury; product liability; property damage; securities violations; restrictive covenant violations; wrongful death; wrongful discharge; and Will contests.

The Code of Professional Responsibility (which governs the ethical conduct of attorneys admitted to practice in Ohio) calls upon attorneys to zealously represent their clients in the resolution of claims and disputes. Some attorneys show by their actions that they have interpreted that provision to mean that they should zealously litigate their client's claim or dispute. Consequently, if a client asks them to assist with a claim or dispute, their first inclination is to "[c]ry 'havoc!' and let loose the "dogs of war."


In contrast, when representing a client who has an unresolved claim or dispute, Mr. Bergmann believes in using any method or forum which will best resolve his client's claim or dispute. Mr. Bergmann showed his dedication to alternative means of dispute resolution by serving as a New York Stock Exchange Arbitrator for nearly a decade, and volunteering as an Arbitrator for the Hamilton County Court of Common Pleas for approximately fifteen years. Furthermore, he has used informal and formal settlement negotiations, mediations, and arbitrations in successfully resolving many of his clients' cases.

Mr. Bergmann is not unwilling to try cases. On the contrary, he enjoys participating in the litigation process and appreciates the honor of representing his clients in the judicial forum. However, he has found the client's interests are not always best served by his litigation of each and every case. (In trying cases for nearly a quarter of a century, Mr. Bergmann has learned that there is truth to the lawyer's proverb that "a reasonable settlement may be better than a promising lawsuit".) Therefore, he tries just as hard, if not harder, to settle cases as he does to litigate them.

Statistically, approximately 10% of all attorney-handled claims and disputes are litigated and the rest of them (90%) are settled either through informal settlement or alternative dispute resolution methods. During the last 24 years, Mr. Bergmann has represented hundred of clients having unresolved claims or disputes and, the cases in which he has been involved have been resolved with or without litigation, in keeping with those percentages.

Mr. Bergmann undertakes most cases on an hourly fee basis, however, he is ordinarily willing to represent clients in personal injury, wrongful death, and selected cases on a contingency fee or under a hybrid (reduced hourly/reduced contingency) arrangement.

This firm would welcome the opportunity to represent any new or existing client in the disposition of any unresolved claim or dispute.