Category Archives: Previous Articles

Mediating Complex Probate Cases

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Probate cases are often difficult for a number of reasons. A family has lost a loved one while also grappling with financial decisions and consequences. Rather than bringing further complication into the case, many loved ones decide to mediate their probate case.

Mediation is an alternative to antagonistic litigation. Rather than the parties being adversaries who ignore each other in the court room, mediation focuses on bringing the parties together to work out solutions to their problems together. The parties are assisted by a neutral person who helps facilitate communication between them so that they can reach a mutually acceptable resolution of their case. Unlike a judge, a mediator does not impose an order on the parties. Instead, he or she helps explore the interests of the parties and possible solutions to these problems which the parties can choose to agree to or not agree to.

During mediation, the parties begin with an opening statement that emphasizes the problems that the parties are having and their point of view regarding these problems. Depending on the dynamics involved between the parties and the mediator’s personal style, the parties may remain in the same room with the mediator who encourages the parties to communicate and work through their disagreement or the mediator may separate the parties in an effort at shuttle diplomacy. If the second option is used, one party communicates information to the mediator who then shares information with the other side, going back and forth between the parties, laying out their offers of compromise and why they feel a certain way.

If the parties reach an agreement about their case, the mediator draws up an agreement and the parties sign off on it. If the parties do not reach an agreement, they must still honor the confidential nature of the mediation process and not communicate information shared during this process.

Role of the Mediator in Healthcare Disputes

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When a patient is in a dispute with a hospital, doctor or other healthcare provider, the parties may agree to mediation to help them resolve their legal case. The mediator plays a pivotal role in the potential success of mediation.

The mediator begins the mediation process by inviting the parties to discuss the problem. He or she lays ground rules so that the parties will be able to discuss their legal dispute in a respectful manner. An effective mediator can help create a cooperative environment so that the parties are able to see a different perspective and consider another opinion regarding the dispute. The patient may believe that the healthcare provider has given inaccurate information or made a mistake. The healthcare provider can have honest communication about the patient’s treatment plan and the reasons behind certain decisions. If a claim has been denied, the patient may explain how this can impact his or her life while the insurer can consider if the patient’s claim may be approved. In this way, the mediator helps the parties to open up in a safe environment to clarify the issues involved in the dispute and to improve communication. The mediator is only interested in helping the parties reach a mutually agreeable solution and is objective throughout the process.

The mediator can also help the parties consider alternatives to litigating the case. He or she often leads the parties in brainstorming sessions in which they consider possible solutions to the underlying issues. The parties work together rather than against each other. At the same time, the mediator empowers the parties to keep power over the proceedings and to keep the decision-making authority out of the hands of a third party like a judge or jury.

Why Mediation for Workplace Disputes is So Effective

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Mediation in the workplace involves a confidential, dispute resolution process where one or more non-biased, impartial mediators assist the organization and employee(s) in resolving conflict and workplace disputes.  It is usually a voluntary process, although some companies require employees to agree to mediation instead of litigation for dispute resolution before they can even be hired.

Mediation to handle workplace disputes is a highly effective method that keeps conflict out of the courts.  In mediation, each party involved in the conflict is given an opportunity to state their point of view and be heard by a neutral third party.  This ensures a more amicable resolution, minimizes the bitterness that can hamper workplace relations after the conflict is resolved, and keeps the cost and time involved in solving conflicts to an absolute minimum.

Mediators charge a fraction of the cost that is usually associated with legal fees in a litigated suit.  In addition to this cost-saving feature of mediation, it also takes place in a fraction of the time that is normally needed when cases are handled through litigation.  Time and money are two assets that most people (and businesses) can’t afford to waste, so mediation just makes sense for everyone involved.  Plus, the outcome of mediation is as legally binding as the outcome of a litigated trial, so the parties don’t have to worry about one side not taking the solution seriously enough.

Additionally, there is utmost confidentiality when companies and employees decide to use mediation to resolve workplace disputes.  When a conflict is litigated, it becomes a matter of public record, and can tarnish the reputation of a company that has worked hard to establish a positive one.  Mediation, however, is handled privately, and neither party involved in the dispute has to worry about the issue becoming a matter of public record.

What Defines Successful Conflict Resolution?

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In conflict resolution theory, experts suggest multiple strategies for how to best handle disputes between people.  Within those strategies, collaboration and communication are highlighted as essential elements to bring any conflict to a successful resolution.  Put simply, without collaboration and communication, conflict resolution can be slowed, stalled, and even unsuccessful.
Another point that is often raised in conflict resolution theory is the necessity of recognizing that in most cases, the other person is not necessarily trying to “be difficult” or “make life difficult” for you.  When you learn to separate the person from the problem, it is much easier to approach the issue from a more rational point of view without permanently damaging the relationship of the two parties in dispute.
Prepare to invest time and effort.  Good mediation is hard work, and it can take a long time.  Mediators often have to tactfully teach disputants how to communicate supportively and how to solve problems creatively and collaboratively.  If you don’t have time to mediate properly, you’d be better off arbitrating.
Beyond this, the mediator (or mediators) must remain a neutral, third party, showing no favor for either client.  Mediators must clarify facts and policies, and make sure that the focus of the mediation process remains on interests, not the individual positions of either party.  When the focus is taken away from a position – or a set outcome that is desired – the parties are more likely to work out a dispute fairly through compromise.  A successful mediator must also be able to suggest creative alternatives and be able to see possibilities that are perhaps unseen by the parties involved in the dispute.
In fact, when conflict resolution is handled in the right way, both parties in the dispute feel empowered because they have been given a chance to state their side and have it evaluated by a neutral third party.  This empowerment is part of the formula that makes mediation such a beneficial process, and is what helps bring about a successful conflict resolution.

Why use an attorney once you’ve decided to quit paying your mortgage

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If you decide that you can no longer pay your house note, the process of foreclosure can be started somewhat quickly.  From the moment you miss your first bank note, the lender is allowed, by law, to seek to recoup assets it might lose.  This is done in several ways.

First, some lenders might choose the judicial foreclosure, in which the lender will prove to a local county court that you, the borrower, are not making payments.  If the lawsuit is in the lender’s favor, the court will sell the property.  This type of foreclosure will only happen if there is no “power of sale” clause in the original loan documents.
Second, some lenders handle the process with the non-judicial method, when the original loan documents included a “power of sale” clause.  This clause allows the lender to recoup the asset (or the property) and sell it to get their money.  The timeline varies, depending on which state the foreclosure takes place, but in many cases, it’s within the span of a few months until home foreclosure forces you and your family to find lodging elsewhere.
This is why it is important to immediately seek the help of an attorney once you decide to no longer send in payments.  An attorney will be well-versed on the timeline of your state, and will be able to direct you into the best options available to you to stall the process, giving you more time to catch up financially.

Will the Federal/State Settlement Help if I am Already in Foreclosure?

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South Florida has experienced a lot of homes going underwater with their mortgages and its own fair share of the foreclosure crisis that has swept the nation in the past 5 years.  Even with talk of the Federal/State settlement, if your home is in foreclosure, there isn’t a lot the settlement can do to halt the process or relieve your debt substantially. In some cases, you might be offered something by the bank but foreclosure defense attorney, Roy Oppenheim, suggests that if you like your home and want to stay, to not immediately accept offers of settlement. There are so many ways to fight foreclosure that unless you’re just wanting to leave the home for good anyway, it might prove beneficial to fight for your home through the legal system and stall the process of foreclosure with every legal means at your disposal.
One such way to do this that has proven to be highly successful in recent foreclosure defense cases is demanding that the original loan documents be shown in court.  Since many loan processors and banks have been in their own chaos associated with the economy, paperwork has been shuffled around so much between different lenders that it’s easy for the original documents to become lost in the shuffle.  In cases like these, homeowners are learning that they can remain in their homes despite foreclosure and despite not making payments.

What is the best way to get a low cost divorce?

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Divorce is an expensive life event, especially if the divorce is contested in court.  Divorce lawyers charge thousands just for taking on a simple divorce with few assets and no children. Cases with children, costly assets, and one or both parties contesting for ownership or custody can cost $10,000 and upwards.  Divorce through divorce attorneys and the court system can wreck your ego and your bank account, which is why looking for a low-cost divorce makes sense.
Hiring a qualified divorce mediator is a more cost-effective approach than using an attorney to present your case in court.  A divorce mediator can usually settle divorce cases for thousands of dollars less in initial costs, but can also help keep the anger and resentment to a minimum in a time when both seem to get the better of all parties involved.
Many mediators are also attorneys who will be able to file the paperwork for you to continue the legal process, but will do it at a fraction of the cost that divorce attorneys will charge for this same service. A mediation professional is also an attorney, but one who focuses on getting information to both parties in a non-threatening way.  If you hire a mediation attorney, you will make your own decisions, with the non-biased expertise of a mediation expert.  Particularly if spouses are able to compromise without greed, the mediation process will be the least expensive and quickest way to obtain a divorce so that each party involved can move on with their lives with their dignity and bank accounts intact.