Mediation and Arbitration

Herm Gailey spent the early years of his career representing insurance companies in personal injury cases.  Eight years later, Herm moved to the other side of the table, representing accident victims at a large personal injury firm. In 1999, he founded what is now known as Gailey Legal Group, a well-known and well-respected personal injury law firm in Central Pennsylvania.  Herm’s diverse background makes him uniquely suited for conducting mediations and arbitrations.

Decades of experience. Hundreds of cases resolved. High settlement percentage.

• Dickinson College – summa cum laude
• Duke University School of Law
• York County Bar Association
• Pennsylvania Bar Association
• Pennsylvania Trial Lawyers Association
• National Institute of Trial Advocacy
• Pennsylvania Supreme Court Disciplinary Board – Past Hearing Committee Member and Chairman
• U.S. District Court, Middle District of Pennsylvania
• U.S. Court of Appeals, 3rd Circuit

After graduation from Duke University School of Law, Herm Gailey spent the early years of his career representing insurance companies in claims brought by injured individuals.  Then more than 20 years ago, he moved to the plaintiff side and began to represent accident victims.

Now, his extensive knowledge of litigation and the insurance claims process from both sides of the table makes him a particularly effective choice to serve as mediator and arbitrator in disputed cases involving plaintiffs and insurance companies.

Since Herm typically handles several mediations each week, with hundreds of disputes resolved, both sides know they can trust Herm’s experience and judgment.

As arbitration and mediation have emerged as alternatives to jury trial, Attorney Herm Gailey of Gailey Legal Group has become an increasingly frequent choice as mediator or arbitrator.

With more than 30 years of civil litigation experience in personal injury cases involving auto, premises, construction, and other liability claims, plaintiffs’ lawyers, defense firms, and insurers have utilized his services both as mediator and arbitrator.

Herm Gailey is not regularly affiliated with any mediation or arbitration agency, so his fees do not include the administrative expenses that can result in nearly doubling the cost of a mediation or arbitration.

There are several factors that set Herm Gailey apart.  First, he is fair and practical.  Second, he has a background in both plaintiff and defense practice.

Equally important is the fact that Herm is actively involved in a busy personal injury practice, making his knowledge of settlements, verdicts, and issues both timely and extensive.  Coupled with this background is a real interest in the dynamics and challenges of the process.

All of the above have resulted in an excellent settlement rate in mediation and arbitration awards which reflect the true value of the case at hand.

Parties desiring to hold mediations/arbitrations are always welcome to use our facilities. We have held hundreds of mediations, including multi-party cases, in our offices. Herm is also willing to travel to any location which may be convenient to the parties and charges a reduced fee for travel time. Interested parties are always welcome to call Herm to discuss specific needs.

For more information or to simply discuss a prospective mediation matter, please feel free to call (717) 852-8379 or e-mail us.

For the past ten years or so, I have been asked more and more frequently to serve as a mediator or arbitrator.  For the most part this has developed the old fashioned way – by word of mouth, repeat engagements, and good results – rather than by self-promotion.  In a sense, ADR was a calling that came looking for me.  I am deeply grateful to the many plaintiff attorneys, defense counsel and insurers who made it happen.

As my involvement has increased, so has my fascination with and dedication to the process.  Having the opportunity to assist in shifting the focus of a case from confrontation, to conversation, and ultimately to conciliation is a deeply rewarding experience which, for me, has never grown stale.  I can truly say that I look forward to my next mediation just a little more than the last.

Mediation is about practical realities. About knowing the field from first-hand experience in the trenches.  About knowing the venue.  About recognizing when a party is about to make a mistake because, after more than thirty years of practice, there are very few mistakes I haven’t visited first-hand.

No two mediations are the same.  This is a creative, dynamic process which at times requires the mediator and the parties to step well outside the box.  Helping the parties to “solve” their case instead of trying to win it is a challenge and ultimately the goal of any mediation.  When that transition is made, it is enormously satisfying for the parties, counsel and, yes, the mediator, as well.

That moment when all concerned become more invested in the solution than the problem is what drives successful mediations and what I urge each of you to strive for in every case.  For those of you whom I served before, I look forward to our next mediation.  For all of the friends I have not yet met, I look forward to working with you in the future.

Herm has an excellent settlement rate in mediation with outcomes that reflect the true value of the cases at hand.

Since Herm is actively involved in a busy personal injury practice, his knowledge of settlements, verdicts, and issues is both timely and extensive. Beyond that, he has a real interest in the process…and makes the successful settlement of each case his personal goal.

Arbitration is obviously a different process and involves a different mindset from mediation.  Nonetheless, arbitration is inevitably a collaborative process in which the parties typically strive to streamline the issues, simplify the presentation of evidence and avoid the disproportionate risk and expense of jury trial.

Herm’s experience enables him to assess the damages value of a case and provide a fair and reasonable award.

I regularly serve as either a sole arbitrator or as a panel neutral and believe that my experience with the venue and the results in similar cases enables me to assess the damages value of a case and to provide a fair and reasonable award.  I also promise a quick turn-around on decisions as I am fully cognizant of the fact that the parties did not choose arbitration only to wait an extended period of time for an award to be rendered.