Other Services
Commercial Disputes
There are a variety of issues in the commercial realm where mediation can help. Usually the parties are represented attorneys and the mediator helps facilitate an agreement. The attorneys lay out the legal issues and the rights of their clients. The mediator is a neutral party, who can help both sides distinguish their positions from their needs and interests.
Attorneys negotiating on their client’s positions cannot shift a client from a position to an interest as clients view it as a betrayal. The client needs his/her position. The mediator’s job is to show how it might be in each client’s interest to alter their position to allow for a resolution to take place.
Partnership Disputes
A partnership dispute is very much like a divorce. In business as in love, breaking up is difficult and emotionally draining. Generally two or more parties have been working together for many years (and in some cases longer than they have been married), and for whatever the reason can no longer see themselves working together. Many of the issues are emotional, as an individual may put more of himself/herself into a business than they give to their marriage. Beyond the bitterness of betrayal, there are emotional issues such that the other partner is a bad listener; they make unilateral decisions; or even a lack of respect of one partner for the other. However unlike a divorce you can’t bring in a marriage counselor/therapist when a multimillion-dollar partnership is at risk because the partners now find themselves incompatible. As in a divorce the mediator assists the partners in separating their positions from their interests. The partners should do most of the talking, with lawyers present in the background to advise their clients on legal issues.
When partners fight in court, they are not effectively running the business; and the business suffers. Fighting it out in the courts can become prohibitively expensive, as opposed to mediation. Several studies have shown that when partners voluntarily agree to seek a resolution, through mediation, the rate of success is 70% to 80%.
Landlord/Tenant
Landlord/Tenant problems can also be resolved through informal mediation. In mediation, the mediator intervenes between two disputing parties in an effort to reach an agreement, compromise or reconciliation. Intended to settle a dispute quickly and inexpensively, mediation can be requested by either a landlord or tenant. As in divorce or other business disputes the role of the mediator is to separate position, from interests. If the parties are truly looking to resolve their dispute, the mediator can allow the parties to voice their concerns or grievances, faster and cheaper, than the same process would otherwise take. The fact is that mediation is often used within the court system to try to have Landlord/Tenant issues resolved.
Contract Disputes
In today’s world many contracts have an Alternative Dispute Resolution (ADR) provision. This is done so as to avoid costly and lengthy litigation to enforce contract provisions. ADR refers to a wide array of dispute resolution techniques, often involving a neutral third party that can assist disputing parties resolve disagreements. ADR provides the opportunity to settle disputes in a quick and inexpensive fashion while also maintaining or even building positive working relationships. ADR may be used to resolve the entire controversy or to resolve a portion of the controversy.
Mediation has emerged as a preferred ADR method among commercial organizations involved in contract disputes. Mediation is one of the chief ADR techniques and allows disputing parties to resolve the conflict themselves with the assistance of a neutral third party Mediator. The Mediator has no decision-making authority. Instead, the mediator structures negotiations between the disputants in order to create the opportunity for them to craft solutions. The mediator acts as a catalyst, focuses discussions, facilitates exchanges, and serves as an assessor of positions taken by the parties.
When a mediation clause is included in a contract, the parties are required to meet together with a mediator in an attempt to work out a solution before anybody heads to court to file an action in court. If the parties decide to start without attorneys, the cost savings is even greater since the money spent prosecuting and defending the lawsuit has not been spent. A mediation clause forces the parties to work together and consider ways to resolve their disagreements in a structured and private forum.
Personal Injury
Personal injury is the single largest source of litigation in this country, accounting for tens of thousands of lawsuits brought every year. Months and even years can pass before a resolution by settlement or decision after trial.
The sooner a personal injury case can be settled for a "fair and reasonable" amount of money, the better off both the attorney and his/her client will be, as it will cost less and the money will be received sooner. The insurance company also benefits because resolution is quicker and less time and money are spend in court.
Mediation is particularly effective because the client can explain how the injury has affected his or her life. This allows the insurance company to see first hand, early on the injury and its impact on the plaintiff. Even if the case is not resolved, the plaintiff and his/her counsel will have educated the insurance company about the strengths of the plaintiff’s case, making settlement before trial more likely.
Probate Disputes
Will contests and probate disputes can be worse than divorces, partnership breakups, personal injury litigation or other civil disputes. In other cases, the parties may have very little or no contact after the case is over. However, with will contests and probate disputes, family members will be in contact long after a contentious legal battle.
People are dealing with the grief and emotional distress of losing a loved one. These feelings can and do cloud their judgment and decision-making. Unresolved emotional and relationship issues have little or nothing to do with the legal issues of the execution of the will, distribution of property contemplated by a will, or division of property if no will existed. Unfortunately, probate and litigation cannot address the emotional and familial issues that may be more significant than the legal and financial issues. Often the real problem stems from the sentimental value of seemingly unimportant items. Probate laws and the court system are not able to deal with the nuances and subtleties of these personal feelings.
Mediation is well equipped to deal with the complex legal issues in will contests and other probate proceedings as well as the emotional issues. Mediation can help families sort out their problems in a manner that accommodates the emotions and the relationship issues while effectively resolving the needs of all concerned. Mediation limits the damage and stress associated with a drawn out litigation, allowing a family relationships to be preserved.