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Top Reasons to Participate in Long Term Disability Care Mediation

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Wheelchair walkIf you have a long term disability care dispute, mediation provides a number of key benefits that you may wish to consider before deciding to litigate your case. Here are some of the key reasons to consider resolving this matter through mediation.

You May Be Able to Pick the Mediator

The mediator is a neutral communication facilitator who can help you and the other party resolves your dispute in a collaborative manner. You and the other party can agree on a mediator, often someone with special knowledge and experience in long-term disability care matters or insurance disputes. This is a distinct advantage over litigation in which you are assigned a random judge.

You Can Get a Faster Resolution

When dealing with long-term disability care matters, time is of the essence. You may have been denied important medical services or the income that you need to replace your typical wages. If the case is litigated, it will likely take many months or even years to resolve the issue. In mediation, the parties and the mediator can decide on a date or series of dates for mediation that is only dependent on their respective schedules. This allows them to meet sooner and resolve the case faster.

You Participate in the Decision-Making Process

Parties have little involvement in litigation. They may testify, but the rest of the case is largely dependent on the actions of their lawyers and the judge’s decisions regarding the admissibility of the evidence. This can make them feel detached from the process. However, decisions regarding their care and insurance eligibility are important to parties. Mediation allows parties to participate in the decision-making process. They can express their concerns, brainstorm resolutions and accept or reject settlement offers.

Tips for Establishing a Productive Co-Parenting Relationship

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Depositphotos_31758773_s-2015Co-parenting with a parent with whom you are no longer involved in a romantic relationship can be challenging for many parents. Here are some tips for helping you to establish and maintain a positive co-parenting relationship.

Be Empathetic

Try to consider the other parent’s point of view. It is likely difficult for them to lose time with their child or not be able to celebrate a holiday with their child. Also, consider your child’s perspective. It is likely difficult constantly being pulled in two directions. Acknowledge difficult feelings and operate from a position of compassion.

Pick Your Battles

There are times when you may need legal intervention, but there are also times when it is more important to win the war of maintaining an effective co-parenting relationship than any small battle. The other parent may deal with a situation differently than you would have, but that does not necessarily mean that there is a problem worth confronting.

Respect the Other Parent’s Time

When your children are with the other parent, try not to call them too often or when you know they will be busy. Be prompt about dropping off the children. Allow the children to enjoy time with the other parent.

Be Flexible

Even though you have likely created a well planned out schedule, changes may be necessary. Be flexible if you need to switch weekends or holidays.

Use Mediation If Conflict Arises

Conflict may still arise even if you work diligently to establish a co-parenting relationship. If this occurs, consider an option to reduce conflict, such as mediation. This process involves the use of a neutral third party who can help you and the other parent improve your communication, recognize the other’s perspective and consider your shared interests.

Top Five Reasons to Consider Child Custody Mediation

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Father and sonChild custody mediation is an effective alternative that can help you and the other parent work out an agreement regarding your child. Some of the main reasons to consider child custody mediation include:

Mediation Is Non-Adversarial

If you are unable to reach an agreement with the other parent, you may consider taking legal action. However, this involves a contested litigation process that pits you and the other parent against each other. This process often creates conflict and bad feelings for years to come. In contrast, mediation is a collaborative process. Both parents focus on working together to do what is in their child’s best interests. You and the other parent can establish a fair parenting plan that allows you both to play active roles in your child’s life.

Mediation Focuses on the Future

Litigation tends to focus on mistakes the parents made in the past while mediation focuses on what will be best for your child going forward. Even if there is an existing custody arrangement in place, mediation can help the parties come up with new plans that will work better for them and their children in the future.

Mediation Minimizes Conflict

Experienced mediators use conflict resolution skills to uncover the interests of both parties. They also help exes develop new skills to have better communication. These improved communication skills help reduce conflict over time.

Mediation Reduces Costs

Reaching a resolution through mediation is often far less expensive than litigation. In litigation, you each have to pay for your attorney’s fees. You may also incur filing fees and other expenses. In mediation, you can pay just for the mediator and split the costs between the parties.

Mediation Provides a Win-Win Solution

In litigation, someone must lose, and someone wins. In mediation, it is possible for both parties to win, as well as their children.

Benefits of Using Mediation to Resolve Fair Housing Disputes

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Due to the ample benefits of using the mediation process, many communities have established mediation panels or programs to resolve fair housing issues. These programs can provide significant benefits to the parties.

Mediation empowers the parties to reach a resolution. A mediator does not impose a decision on the parties. Instead, he or she acts as a neutral facilitator and encourages the parties to consider mutually acceptable solutions to resolve a dispute and avoid litigation.

Mediation takes far less time than litigating a case in most situations. In many situations, a problem can be resolved with one day of mediation. The parties set up a time that works for their schedules and that of the mediator. In contrast, litigation can extend months or years before being resolved.

The mediator can encourage conversation, empathy and understanding. Mediators are specially trained in conflict resolution skills and can help de-escalate situations. They can often help the parties view the situation from the other party’s perspective and gain a more realistic vision of the case and the possible negative implications if it proceeds to litigation.

Mediation gets the parties to work together instead of against each other. This cooperation may lead to an amicable result regarding housing for the tenant or a change in policy that will help other tenants in the future. In the litigation process, one party must win and the other must lose. Mediation offers a win-win for the party. It also helps the parties maintain a civil relationship instead of turning them into enemies.

Because the parties are an integral part of developing an agreement, they are more likely to honor it. This agreement is enforceable and helps clarifies the roles and duties of the parties.

Using Mediation to Resolve Cable TV Issues

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Engineer Giving Advice On Installing Digital TV EquipmentAs more industries realize the benefits of mediation, this litigation alternative is becoming increasingly popular and utilized in more sectors, including in cable TV disputes. This method employs a third-party neutral to help the parties identify their interests and negotiate an amicable agreement so that costly litigation can be avoided.

Mediation can be used to resolve a variety of disputes. It can be used to resolve employment disputes or problems with unions, such as disparate pay, discrimination, unfair wage issues and more. It can also be used to resolve problems between partners and multiple service providers. These issues may involve the loss of access to local content or other services or to retrains agreements. Mediation can be used to resolve customer disputes regarding their bills or the content that is not available to them. It is also sometimes used between competitors who claim unfair competition.

During mediation, the parties begin with opening statements that lay out their positions and why they believe the conflict exists. The mediator may then separate the parties into different rooms and shuttle back and forth between the parties to gather additional information. The mediator also solicits offers and counter-offers between the parties to try to get them to resolve the case in an amicable fashion.

The mediator may share information during these individual sessions with the parties that give them a more realistic perspective about their case. He or she can discuss how previous litigated cases were ultimately resolved and the weaknesses that may exist in their particular case. He or she can also cite the benefits of reaching a settlement, such as ending a strike or improving customer satisfaction.

If the parties reach an agreement, it is put in writing and signed by the parties. This is treated as a stand-alone contract between the parties that can be enforced.

Can You Mediate Bad Faith Insurance Claims?

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Depositphotos_210648634_s-2015Nearly any type of civil dispute can be mediated, including bad faith insurance claims. While it may seem counterintuitive to believe that an insurance company accused of acting in bad faith will negotiate in mediation in good faith, mediation of these cases often brings about an amicable solution of this claim, as well as the underlying insurance claim.

In a bad faith insurance claim, the plaintiff argues that the insurer wrongfully denied a claim or did not provide benefits in bad faith. He or she may allege wrongful conduct, unreasonable conduct without proper cause or malicious, oppressive or fraudulent conduct. The worse the insurer’s behavior, the greater liability may potentially exist and the more expansive damages that may be sought.

Parties may consider when they wish to mediate the case. In some jurisdictions, mediation may be required at certain intervals. Otherwise, the party may decide to mediate the case early on or closer to trial. Early mediation has the potential to reduce legal fees if an agreement can be reached. However, an insured who wants to seek punitive damages may not be willing to accept a lower offer at this point. Additionally, an insurance company may want to flesh out whether a claim has support before negotiating a settlement and may prefer to wait until after discovery is conducted to mediate the case. The insurer may try to get certain claims dismissed against it as part of a summary judgment motion.
At the mediation, the insurance company may send a different representative than the person who initially handled the claim due to the allegations against this party. The plaintiff will also be present. Both parties may be represented by their attorneys.

During mediation, the mediator will try to improve communication between the parties and give them an opportunity to amicably resolve their case.

Mediating Age Discrimination Complaints

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Depositphotos_153608528_s-2015With more people living longer, many older workers are in the workplace well past typical retirement age. However, many older workers find it difficult to find work and may think that they are victims of age discrimination if they are terminated from their work position. When a worker or applicant alleges age discrimination, the situation may be able to be resolved through mediation.

What Is Age Discrimination?

The Age Discrimination in Employment Act defines age discrimination as treating an applicant or employee less favorably because of his or her age. This federal law prohibits age discrimination against people 40 or older. Age discrimination can occur when a less favorable decision is made regarding an applicant or employee regarding his or her hire, fire, job assignment, pay, promotion, termination, training or benefits due to a person’s age.

Examples of Age Discrimination

Age discrimination can occur in more blatant ways, such as an employer using recruiting techniques to target younger workers or stating a preference for younger workers. It can also occur when an employment practice has a negative impact on older workers or applicants even if the employer was not trying to discriminate on age. Harassing employees because of their age is also a form of discrimination.

The Mediation Process

Mediation can help the parties avoid expensive litigation. The parties work together toward a favorable resolution of their dispute. A neutral third party acts as a go-between. Mediation helps the parties better communicate their positions. It can often help the parties feel better heard and understood. The parties focus on reaching a solution that helps them move forward.