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Fair Housing ADR Considerations

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Fair housing matters may be litigated in courts, or they may proceed through alternative dispute resolution methods, including arbitration and mediation. Some important considerations for fair housing matters include:

Discrimination

State and federal prohibit discrimination in housing on various grounds. These grounds include discriminating against the sale, rental or financing of housing based on a person’s color, sex, national origin, religion, pregnancy, marital status, family status, disability, age or other specific factors. Discrimination may also occur if a housing provider changes the terms of housing, quotes different rates or applies different policies based on these factors. Discrimination may also be present if housing providers demonstrate preference for a certain group of people over others.

Potential Outcomes

When fair housing matters are litigated, the court may have some flexibility in the relief provided since housing often affects equitable laws. Therefore, a possible remedy may be for a buyer or renter to be able to move into a desired property. In ADR, the parties may brainstorm possible solutions to resolve their legal dispute. Their final settlement may be based on requirements that a court may not necessarily consider or have the authority to impose, such as requiring more education for the housing providers or implementing a new program.

Options

Parties who do not want to litigate their fair housing matter may decide on a common form of alternative dispute resolution such as mediation or arbitration. Mediation is a process in which parties involved in a legal dispute work together to reach a mutual solution. The process is voluntary, and the mediator does not impose a ruling on the parties. Arbitration is similar to litigation in that the parties present testimony and witnesses to the decision maker. However, many of the procedural requirements are often relaxed and an arbitrator with subject matter expertise can be selected.

Mediation of Food and Drug Disputes

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Over the last several decades, mediation has been used as an effective tool in diverse causes of action. Mediation has been used to effectively help resolve a variety of cases, including highly publicized food and drug disputes. This strategy may be used in cases involving product liability, shareholder disputes related to the value of stock when safe measures were not used, adverse side effects and other problems plaguing the food or drug process.

In mediation, the parties are able to acknowledge the drawbacks of continued litigation. For plaintiffs, this includes expensive litigation that can potentially drag on for years while they wait for their award. For defendants, this includes negative publicity that can adversely affect the value of their products on the open market and the potential for an unsympathetic jury to award an extreme amount in damages.

Parties involved in mediation who resolve their dispute during this process get to play a direct role in how any settlement agreement is worded. In addition to deciding any fair settlement money award, the parties can also agree to other parameters for their settlement. For example, they may indicate how they want a recall to be carried out. They may agree to the settlement funds going into an escrow account and distributed a certain way. They may agree to new warnings that should be placed on products. In these ways, parties can reach effective solutions to help avoid problems in the future while also feeling that they have worked collaboratively to execute an acceptable agreement.

Why Food and Drug Disputes Are Not Suited to Litigation

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Consumers often hear about contentious issues involving food or drug products. Items may be recalled or may be alleged to cause harm though the manufacturer refuses to issue a recall. Class action lawsuits may be formed after adverse side effects are realized from the use of certain products. However, these disputes often cause negative ramifications for both parties of the litigation.

For plaintiffs, the more claimants that form the class dilute the overall award that each individual plaintiff stands to recover. The longer litigation drags on, the more legal fees and costs are incurred so that if the case does eventually settle or is resolved at trial, the more the lawyers make in the process and the less the individual claimants receive in the form of compensation for damages. Food and drug manufacturers are often aware that they have greater leverage in these disputes than the claimants. They may intentionally make litigation drag on while regular people who have medical expenses and other damages from the effects of food or drug products continue to suffer.

For defendants, food and drug issues often create negative publicity for manufacturers. Their public image may suffer if they are perceived by the public as not caring about consumers’ health or safety. The value of their stock may plummet as national coverage of the recall or dispute is provided to the matter. Manufacturers may face ongoing legal expenses that can easily amount to hundreds of thousands or millions of dollars before the case is resolved.

Alternative dispute resolution options like mediation and arbitration minimize the risk for both parties. They give them more decision-making authority during the process, rather than moving the parties toward an uncertain outcome due to decisions made by a judge or jury.

The Many Benefits of Mediating Oil and Gas Disputes

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The mediation process provides ample benefits in the oil and gas industry, including the following:

Cost Effectiveness

No other method of alternative dispute resolution or litigation offers the same cost effectiveness as mediation. In mediation, the parties split the costs of mediation unless there is some agreement to the contrary. They are often able to resolve the case during the mediation session or series of sessions. This helps to reduce all aspects of litigation costs, including costs for thorough discovery, pre-trial preparation and trial preparation. Even if there is a money award that is negotiated, it may be different than what a jury may have awarded with contentious litigation.

Time Effectiveness

Oil and gas experts know how important time is in this industry. If decisions or enforcement is withheld, there can be substantial investments in jeopardy. Parties to mediation do not have to wait for a court date. They do not even have to wait for a complaint to be filed and the standard 30 days for it to be answered. Instead, the parties can make a date to mediate the dispute and possibly reach a decision based only on their own schedules and that of their selected mediator.

Confidentiality

Oil and gas disputes may involve information that companies and regulatory agencies prefer to keep private. Additionally, these disputes may involve other countries. Mediation allows the parties to meet privately and resolve the matter outside the public domain.

Flexibility

When dealing with oil and gas disputes, there may be many unique issues involved. For example, if there are disputes with companies in different states or countries, jurisdictional issues may arise. In mediation, the parties can reach an agreement about which laws apply. They can also make every other decision of meaning, including who to select as the mediator to help them resolve their dispute and the ultimate agreement that they reach. This prevents the surprise often associated with allowing a judge or jury to make a monumental decision.

Resolving Energy Disputes in an Effective and Timely Manner

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Energy disputes can be contentious matters involving a number of parties such as private companies, landowners, customers and regulatory agencies. Alternative dispute resolution is increasingly becoming a preferred method to involve disputes arising in this industry due to the significant advantages that it has over traditional litigation.

Energy disputes are often complex and may include problems such as titles to oil and gas rights, exploration and production disputes, lease termination, royalties, contracts, construction of pipelines and energy facilities and other energy-related disputes. In this manner, energy disputes may involve various aspects of the law beyond energy law. They may involve commercial law, contracts, real property law and other aspects of the law. One of the primary benefits of mediation is the ability to select a mediator who has an in-depth knowledge of these issues and a proven track record of resolving complex disputes of this nature.

During mediation, the parties are each given an opportunity to explain why they believe the dispute arose and what they are hoping to gain from the mediation process. The mediator may be able to suggest other benefits that can be realized through resolving the dispute in mediation, such as the saving of time and money that would otherwise be redirected toward litigation.

The parties may be divided into private caucuses where the mediator can meet with each party individually. This process allows the mediator to uncover the hidden interests of the parties that can be considered during possible negotiations. Additionally, the mediator can provide an objective opinion about the potential outcomes that could arrive in litigation so that the parties can make well-informed decisions about how to resolve their case. Many cases resolved in mediation emerge with relationships intact and creative solutions to the underlying problem.

When to Use Mediation for Energy Disputes and Why It’s So Vital

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transmission power line on sunsetMediation in energy disputes is an alternative to litigation. It can be used in a variety of cases, including in cases in which damages need to be assessed due to service interruptions, grid issues, explosions or environmental violations. Mediation may be used when only private parties are involved, a regulatory agency is a named party or when companies are in dispute. This method can successfully resolve issues related to supply contracts, royalty interests, international manufacturers, joint venture agreements, defective products and more.

This method is a preferred way to resolve many energy-related problems because it allows parties to craft creative solutions to resolve their legal issue. These solutions are often much more creative and personalized than litigation affords. Parties often modify agreements, adjust leases, agree to be partners in future transactions or trade certain coverage areas as a way to resolve their dispute while protecting their monetary investment. These solutions often provide for the interests of the parties far better than any money damages in a contentious court case may.

Another important aspect of mediation in this industry is that disputes often involve people with high levels of understanding of technical information. In a court case, much time may have to be devoted to educating the judge or jury. However, in mediation, the parties can select a mediator who has a knowledge of the industry so that the parties can get into the heart of the matter as quickly as possible.

Mediation also keeps the power and control of the outcome of the case in the hands of the parties. If the law is unsettled or an adverse ruling may impact either party in a substantial way in other business dealings, the parties may prefer to reach an out-of-court settlement that is not binding on their other interests. The process is also private, so the parties do not have to disclose information that can be publicly followed.

Critical Advantages of Mediation of Antitrust Cases

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Reflective skyscrapers, business office buildings.Antitrust cases can arise between competitors, especially when one of them believes the other is violating laws on the subject. These disputes may involve years of litigation and sizable attorneys’ fees to resolve these complex cases. Mediation may be able to resolve these disputes in a more amicable fashion while offering the following advantages:

Lower Costs

Mediation tends to be much less expensive than litigation. Litigating these cases may involve extensive payment of attorneys’ fees. While parties may still be represented by legal counsel at mediation, mediation tends to resolve problems more quickly so that there are fewer fees to pay. The parties may mediate prior to discovery, which is often a lengthy process for parties to get information from the other party, so this can save a sizable amount of money in attorney’s fees. Additionally, the parties can split the costs of mediation between them.

Informed Risk Management

In mediation, the parties have the ability to negotiate their own settlement. In trial, the results may be unpredictable. In mediation, the mediator can provide an objective evaluation of the strengths and weaknesses which he or she communicates to each party individually. This gives the parties a more realistic version of their side of the case. This can provide invaluable information to the parties so that they will be more likely to resolve their case out of court.

More Favorable Environment to Preserve Relationships

Mediation allows the parties to communicate well together. Even as competitors, the parties may be able to retain professional relationships with each other with the help of a mediator.

Possibility for Creative Solutions

The parties are open to make decisions about how they wish to resolve the case. This may allow them to work on projects together or approach a problem in a new way. In litigation, the only remedy may be money damages, but creative solutions may provide better results for the parties.