Mediation helps you resolve legal matters more efficiently. It is often used in family law, but it can be appropriate for a variety of different legal matters. The process utilizes a neutral third-party, called the mediator, who works with both sides to try and resolve issues. The use of mediation has become increasingly common, either by choice or per the court’s orders. But despite the popularity of mediation, there is a lot misinformation out there regarding the practice, how it works, and whom it benefits.

Facts about Mediation

Mediation is voluntary, but it is sometimes required by the court. How can it still be voluntary if this is the case? It is the mediation attempt that is required, not the resolution. Some jurisdictions require couples to attempt mediation in their divorce before they directly involve the court in their divorce agreements, but if they are not able to settle matters on their own, litigating their divorce is still an option.

Lawyers are pro-mediation. Though it might seem as if it would benefit lawyers more to take a matter to court, many of them prefer resolving disputes in mediation. This is especially true for divorce lawyers. They know the process is expensive and difficult for a family, so they are more than happy to represent divorcing spouses during mediation instead of battling in the courtroom.

Mediation is more efficient. Mediation makes resolving legal matters more efficient, even if the process requires more hands-on work from those involved in the dispute. In the long-run, mediation is often worth the extra effort parties put into the process, especially since they retain so much control

Fiction about Mediation

Mediation means it will take longer to settle a legal dispute. The opposite is actually true. Mediation might not offer an immediate resolution, but it makes it possible to resolve legal disputes in a matter of weeks, as opposed to months or years. Keep in mind; the disputing parties are, in many ways, in control of how long the process takes. The more willing they are to work efficiently the more likely they can resolve the matter quickly.

Mediation puts a lawyer in control of the outcome, as opposed to a judge. Mediation actually puts you in control of the outcome. Disputing parties work together with guidance from the mediator to resolve the issues at hand. In the courtroom, the judge has final control over the outcome and parties have little to no say over what happens and they must abide by what the judge decrees. In mediation, disputing parties are free to walk away from the process if they are not happy with any of the potential resolutions.

Mediation is not right in every situation, but it is important to understand the process so you can make an informed decision. Understanding mediation also makes it easier for people to enter the process in good faith and open to negotiations when mediation has been required by the court. For more information or to schedule a consultation with Francis Carter to discuss how mediation can help you, contact her at 305-776-9143.

Francis Carter
www.flcarterpa.com/

Intellectual property disputes are far more common than they used to be. They reach into many different industries and no longer only affect large corporations or those in the medical or financial sectors. In this day and age, it is possible for any company to find itself involved in an intellectual property dispute, no matter the size or the industry.

It is possible for a general practice firms to provide some intellectual property services, but your best bet is to work with a lawyer who practices exclusively in the intellectual property arena. He or she would not only have the education and training needed to handle cases such as this, but it might also be possible to call on previous experience to help in defending your rights. Intellectual property cases can be extremely complex and you want to be working with a legal professional who is qualified to help you.

This means that as a business owner, intellectual property disputes might be a stressful part of your work. The outcome of an intellectual property dispute could have a significant effect on your business and your bottom line. It is possible that finding a fair resolution in an intellectual property dispute could require the investment of a significant amount of resources.

But it is important to recognize that protecting your company’s intellectual property assets or defending against an assertion of intellection property rights violation from a competitor is vital in building a successful business. This is why working with an experienced intellectual property lawyer can be so important. They understand the laws, which can be quite complex and they can work to make sure your rights are not violated and that you are not falsely accused of violating anyone else’s rights.

It does not matter if you want to enforce your company’s intellectual property rights or defend against allegations of that you violated another business’s rights, one of the most important decisions you make as a business owner is choosing an intellectual property lawyer who suits your business and the situation in which you find yourself.

When considering an intellectual property lawyer, think about:

• Experience and competence regarding
  intellectual property disputes
• Technical skill and knowledge regarding your
  industry, especially if you are dealing with a patent case
• Whether or not the lawyer has an understanding
  of your company’s specific objectives

Intellectual property cases are some of the most dynamic and interesting ones out there. These cases have involved some of the worlds’ largest companies, including Amazon and Google. There were even intellectual property disputes that brought into question whether Bratz Dolls infringed on Mattel’s Barbie doll intellectual property rights and whether Dan Brown, author of the bestselling Da Vinci Code, infringed on the copyright of Holy Blood, Holy Grail, a non-fiction work that addressed many of the same topics.

Of course, not all intellectual property cases are this exciting or receive this level of public scrutiny. But that does not make them any less important if your business is involved. For more information or to speak to L. Donald
Prutzman about a property dispute, contact him at 212-508-6739.

Donald L. Prutzman
www.prutzmanlaw.live

An appellate lawyer specializes in preparing cases to be heard in appellate court. This means the case has already been to trial, but something occurred during the trial that made the outcome potentially unenforceable because the verdict was unjust.

Because the appellate process is not exactly like typically litigation, appellate lawyers must possess several unique skills in order to present cases in appellate court. Much of the process of working as an appellate lawyer has to do with preparing cases for appellate venue and evaluating the court proceedings that have already occurred. In some cases, appellate attorneys are retained during the initial trial to provide advice and guidance designed to ensure a fair trial. As an appellate attorney, it can be easier to assess the situation as it unfolds, as opposed to analyzing what occurred after the fact throughout documentation and other means.

Appellate cases can be argued in a number of different ways and it is up to the appellate attorney to determine the best strategy.

Some appellate arguments focus on demonstrating that the trial court violated procedure in some way which would invalidate the result. In other cases, the appellate lawyer will suggest that injustice has occurred. Examples of this would include the judge refusing to admit evidence that should have been considered admissible. Cases are determined based on evidence and disallowing evidence will have a major impact on the outcome, so anything admissible should be known by the jury.

Remember, the facts of a case were already determined in trial court, so an appeal is not about contesting the facts, but questioning the process used to arrive at those facts. The goal is to overturn the verdict and obtain a new trial. An appeal does not automatically reverse a decision, it allows for a new decision to be reached in the future based on different circumstances.

Appellate lawyers must have a keen understanding of the law. They are required to review the documentation from a case and understand the facts as presented in the courtroom. Appellate attorneys pick cases apart and look for weak points that could be used to support arguments in appellate court. Appellate lawyers must show judges that a trial was flawed, rather than convince a jury of facts.

Often times, numerous appellate attorneys practice in an area where an appellate court is located, though it is not necessary and you can find appellate attorneys all over the country. If you or your trial attorney believes there is any chance of an appeal, it is a good idea to retain an appellate attorney. It is also possible to get an appeal to an appellate lawyer after a trial. Your trial attorney can help you with this process.

An appeal is not always possible and the services of an appellate lawyer are not always needed, but in many situations it drastically changes the ultimate outcome of a case. If you believe there is any chance your case could be successfully appealed, it is a good idea to speak to an appellate attorney. For more information or to speak to Howard Lederman about an appeal, contact him at 248-639-4696.

Howard Lederman at Lederman Law
www.thewriteattorney.com

As a skilled Louisville, KY business mediator and former judge, Ann O’Malley Shake understands the role of the court system . . . and its limitations. After spending several years in private practice handling business and commercial real estate litigation matters, Ms. Shake was elected to the position of a district judge and was later appointed and elected to circuit court. She also served as a judge on the Kentucky Court of Appeals. During this time as a judge, she presided over multiple cases involving business disputes, employment disputes and other commercial matters. This extensive experience in judicial service gives Ms. Shake a unique perspective on the litigation process. While this process can sometimes provide a party with their desired outcome, more often it leads to the parties being pitted against each other when more effective ways to resolve the dispute were available.

The mediation process lends itself perfectly to the business world by focusing on shared interests of the disputing parties, such as saving time and money. Through mediation, many parties can resolve their disputes in an amicable and cooperative fashion. Ms. Shake can discuss the benefits of mediation with you if you are interested in pursuing this alternative route to effectively resolve your dispute.

Avoiding the Drawbacks of Litigation
As a former judge, Ms. Shake knows that resolving legal disputes in the courtroom is often a messy and frustrating process. While it may be normal to think about a lawsuit when a legal issue arises, many parties fail to consider the significant drawbacks that litigation represents, such as:

• Cost – Litigation is very expensive. Between fees, court costs, discovery costs, expert witness fees and other litigation expenses, businesses may quickly find that litigation consumes a large portion of their operating budgets. Additionally, ongoing litigation can result in other financial losses, such as the loss of a sustained business relationship, loss of productivity and damage to the business’ reputation.
• Time – Litigation is often time-consuming. Lawyers may file various motions and multiple hearing or settlement conferences may be scheduled. It often takes longer than a year for a case to be heard in court. Meanwhile, the business dispute may continue to negatively affect the parties.
• Negative publicity – In most court cases, the courtroom is open to the public. This allows the media or other interested people to listen to the proceedings. Litigated cases are often negative publicity for businesses and may decrease their perceived value to investors.
• Adversarial – Litigation pits the parties against each other in an adversary proceeding. Former business partners or people who had a prolonged business relationship may now have to treat each other as enemies. There is naturally a “winner” and a “loser” in a litigated case. Litigation often disturbs a professional relationship and prevents the parties from preserving their formally amicable relationship.

Mediation helps you avoid these drawbacks and is an effective alternative to litigation.

The Mediation Process Explained
The mediation process is much less formal than court proceedings. The parties and the mediator meet at a neutral setting, often in a conference room or office. The mediator explains her role as a neutral third party who is tasked with helping guide the parties toward the resolution of their claim. The mediator does not impose a decision or her judgment on the parties. Instead, she is there to help the parties improve their communication, consider the drawbacks of continued litigation and encourage the parties to reach a resolution that serves their mutual interests.

The mediator explains the process of mediation at the beginning of the session. Each party is then allowed to give an opening statement about their position, how they believe the conflict emerged and what they hope to gain from the mediation process. The mediator may then divide the parties into different rooms while she flutters back and forth between the parties to share information and listen to them.

During these private meetings, experienced Louisville, KY business mediator Ann O’Malley Shake uncovers the interests of each party. These interests may be to preserve the business relationship, avoid negative effects on their business or personal reputation or to save time and money, among many others. She explains the potential outcome that may happen if the case is litigated and the parties do not retain control over the outcome. This helps the parties understand the full impact of litigation and whether that process will really protect their stated interests.

Mediators use conflict resolution skills to facilitate communication between the parties. Many business disputes arise because of misunderstandings. Ms. Shake will help to clarify these issues and help the parties communicate with each other in a respectful manner so that they can work together to solve the problem.

The mediator will also encourage the parties to brainstorm creative solutions. They may be in the same room and be encouraged to suggest various options to resolve the dispute. None of these options is immediately dismissed. Because the parties are not asking the court to impose a judgment on them, the parties have greater flexibility to craft their own customized solution.

If the parties reach an agreement, the mediator draws up a written statement regarding the terms of the agreement. This agreement serves as a contract between the parties. In some cases, the parties may ask the court to approve the agreement and incorporate it into a court order.

Types of Business Disputes that Can Be Resolved through Mediation
Mediation is a voluntary process that can be used to resolve many different types of business disputes. As long as the parties agree to this process and it not otherwise outlawed, parties can mediate various business disputes, such as:

• Breach of contract claims
• Real estate issues
• Premises liability claims
• Employment disputes
• Intellectual property disputes
• Small business disputes
• Family business disputes
• Shareholder disputes
• Director liability disputes
• Partnership disputes or dissolutions
• Commercial bankruptcy claims

This process has been used for years to help businesses resolve conflicts with other businesses, employees, customers, clients, vendors, business partners and others.

Benefits of Mediation
Mediation provides a path to resolution that offers a number of key benefits to the parties participating in the process. Some of the most important benefits of mediation include the following:

Addresses underlying issues
Mediation is an effective option to help the parties resolve disputes by addressing the underlying issues. In litigated cases, the court is not often concerned with the feelings of the parties. However, heavy emotions may play a significant part in the cases. Family businesses may involve complex family dynamics and employment disputes may be more about feeling unappreciated than any substantiated legal claim. By focusing on the human element of the case, the parties are more likely to get to the root of the problem and resolve it.

In some cases, a simple apology or slight change in the workplace is all that is needed to effectively resolve a dispute. Mediation helps level the playing field between parties involved in a dispute and gives them each an equal opportunity to communicate and negotiate a satisfactory resolution of the case. By resolving the matter through mediation, the parties may realize significant benefits, including greater productivity, refined workplace procedures, increased employee morale and improved communication between various stakeholders of the business.

Reduced time and costs
Mediation is often much less expensive than litigation and the sooner you use this process, the more money you are able to save. Mediation costs can be split between the parties. Additionally, mediation can often help to quickly resolve a dispute, so if you hire a lawyer to represent you, there are often far fewer billable hours.

Using mediation can also help you resolve the problem more quickly, which prevents the parties from digging in on a certain position that prevents them from amicably resolving the dispute.
Subject matter expertise
One of the most significant benefits to mediation is the ability to select the mediator. You can choose someone like Ann O’Malley Shake who has extensive experience representing parties and residing over complex business disputes as your Louisville, KY business mediator. When you litigate a case, you are often assigned a random judge and jury who may not have any particular expertise with the subject matter of your dispute.

Preserves privacy
Litigation is often a matter of public record. In contrast, mediation is a private process. You may be asked to sign a confidentiality agreement and anything that is discussed during mediation cannot later be repeated if you do not reach a settlement. This aspect of mediation is particularly important if you do not want business secrets revealed in open court or are concerned how the dispute could affect the public image of your business. Because the process is confidential, the parties are more likely to engage in open and honest communication, which can aid in resolving the dispute.

More amicable
Litigation provokes hostilities and often results in a messy mud-slinging competition. In contrast, mediation is structured to maintain relationships and prevent problems in the future. It is forward-looking and relies on the parties working together to reach a mutually beneficial outcome. Through respect and cooperation, business owners are often able to preserve good, solid business relationships.

Greater flexibility
Mediation can often provide a win-win solution for both parties. There does not need to be a loser and a winner in mediation. By addressing the interests that are important to each party, both parties are able to walk away from the matter satisfied with the outcome.

While cases before courts may be limited to money damages or other narrow remedies, mediation provides greater flexibility. Mediation may help the parties negotiate a new contract, organize a partnership, create a new business line, dissolve a business or resolve a personnel dispute. Important nuances of each case can impact the outcome, as can the parties’ willingness to consider various options to amicably resolve the dispute. There is no limit to the ingenuity that parties can show during this process, which often allows them to craft customized agreements that really solve multiple terms of contention. Options that are not available in the courtroom can be explored during the mediation process.

Greater control over the outcome
Mediating parties retain control over the outcome of the case. In a litigated case, a judge or jury makes the final decision. This often leads to unpredictable outcomes. In mediated cases, the parties only agree to settle their dispute if they are satisfied with the terms. They also play an integral part in developing these terms, so they are able to craft the outcome to their liking. This makes the outcome more predictable and allows businesses to manage expenses and expectations.

Better outcomes
In addition to more control over the outcome, parties who mediate their cases are often able to have better outcomes. The dispute can be resolved to the mutual satisfaction of both sides. People who use the mediation process often report feeling more satisfied with the outcome and are able to move forward in their relationship with the other party.

Most mediations result in a settlement. The parties can leave with a signed agreement that they helped develop. Since both parties played an integral role in developing the agreement, they are more likely to adhere to it, so problems in the future can often be avoided. Additionally, the parties know that they can turn to mediation again in the future if a similar problem does arise.

Contact an Experienced Louisville, KY Business Mediator
As a business owner, you know how important it is to protect the interests of your business. A dispute can disrupt your business activities and damage its reputation. If you would like to schedule mediation with a knowledgeable Louisville, KY business mediator who is equipped to help you resolve your business dispute, call us at (502) 721-9900 or contact us online. We are happy to discuss the mediation process with you and how we can be of service.

Ann O’Malley Shake Mediation & Arbitration
www.annshakedisputeresolution.com

Business disputes are common, but they are not always expected. They are never welcome. Disputes can arise right from the very start during the formation of a business, all the way through its life to the point that it changes hands or is dissolved. The key to successfully handling a business dispute is finding a way to resolve it that uses as few resources as possible and does as little damage as possible to the parties who were wronged.

Several methods of alternative dispute resolution can help.

These methods include:

Negotiations between Disputing Parties
Negotiation is the most basic means for settling disputes and it tends to leave parties feeling confident and capable. In many cases, business negotiations can occur without any third-party interference, but many businesses tend to bring in attorneys to ensure everyone is treated fairly and that the agreed upon resolution is in everyone’s best interest. Attorneys can also be helpful for ensuring the final outcome of a negotiation is legally enforceable.

Mediation
Mediation is a voluntary process that brings together those involved in the dispute with a neutral third-party. That third-party, the mediator, is there to promote communication and assist parties in reaching a mutually acceptable agreement.

Mediators do not levy decisions or make any legally binding rulings. Their role is to manage the overall process and helps facilitate respectful negotiation between the parties. Nobody is forced to adhere to anyone’s decisions and anyone involved is free to end the process at any time.

There are numerous benefits to mediation, including privacy, ability to voluntarily accept or reject a settlement, and reduced cost and saving of other resources. Parties are also in control and can develop a win-win resolution.

Arbitration
Arbitration is the process of submitting the disputed issue to an impartial third person. This arbitrator makes a final decision in a manner similar to what a judge or jury would do in a litigated case. However, the arbitrator is not bound to the formalities of the court and can offer more creation solutions. It’s also possible to utilize any headway parties made on their own in private negotiations or mediation and apply those solutions to the final outcome. Arbitration is also private and can offer protection to parties involved.

Litigation
Litigation is likely what most people think of when they consider business disputes. Unfortunately, it is usually the least amicable and efficient way to resolve a dispute.

Many lawyers and business professionals have begun to view litigation as a last-resort option that should only be pursued if mediation, arbitration, and other negotiation attempts fail. Litigation is not only expensive and time-consuming; it is also a public process, which means everyone will have access to the details of the case. This can be especially damaging for businesses that are trying to protect their reputation and maintain positive relationships with the public and other associates.

Of course, there are situations in which litigation is the only option.

For more information or for help resolving your business dispute, contact Alan Tuck at 941-650-4932.

Alan Tuck Mediation
www.alantuckmediation.net/