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Resolving Neighbor Disputes through Mediation

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BLD042297When a legal dispute arises with a neighbor, some people will rush into the process of litigation to defend their rights. However, this nuclear option may not be the strategy best suited for this situation. Litigation can often be time-consuming and expensive. Additionally, it can result in destroyed relationships. These characteristics make it an unappealing option for individuals who live near each other and see each other every day.

A more amicable option to resolve neighbor disputes is through mediation. This process involves the help of a third party neutral who tries to get the parties to resolve their dispute on their own terms. Mediators are specially trained in conflict resolution, and they put these skills to use to help bridge communication gaps between parties and to encourage collaboration. Mediators ask neighbors to be an important component of the resolution.

In litigation, the usual remedy is money damages. However, neighbors may have disputes about situations in which money damages may not be the most appropriate form of relief. For example, neighbors may have disagreements about boundary lines, water use, shared utilities, shared walls, noise, disturbances or other issues of a similar nature. Mediation can help solve these conflicts. Furthermore, it can do so in a way that allows the neighbors’ relationship to remain intact.

Mediation allows disputing parties to discuss their disagreements in a structured way. The mediator encourages dialogue between the parties. He or she talks to the parties and determines their interests, which may include something about the actual matter in dispute, as well as other goals, such as preserving a good relationship or avoiding the expense and frustration of a trial. The mediator may ask the parties to brainstorm possible solutions in an attempt to settle the dispute. Often, these ideas form the basis for a resolution of the matter.

 

Unique Outcomes in Toxic Tort Mediation

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Personal Injury LawToxic tort cases are often highly complex and may involve multiple parties and jurisdiction.  These characteristics require the application of multiple approaches, often involving a combination of joint sessions and private caucuses to secure a favorable outcome.  If the parties are able to compromise and consider each other’s positions, they may be able to craft unique outcomes, such as:

Development of Cleanup Plans

Environmental consultants may help the parties determine the scope and manner of the cleanup so that the parties can have a hand-tailored resolution for their toxic tort case.  A mediator can help the parties allocate responsibilities between them so that all responsible parties are part of the resolution.  The parties may separately determine how responsible each party is for the spill or pollution and then go back and forth between the parties to adjust these figures.

Purchase of Property

In some instances, the responsible party may agree to re-purchase contaminated property from the plaintiff.  This unique approach allows the parties to rewind time so that they can go back to the positions that they had before any transaction occurred between them.  This may allow the defendant to correct the environmental issue.  This allows the seller to invest funds in resolving the environmental issue while also allowing the buyer to recuperate his or her investment.

Modified Agreement

The parties may ultimately agree to modify a contract that they had or to alter a regulation.  A regulatory agency and a party involved in a dispute may agree to a joint study to determine if the current regulation is based on sound scientific principles and to give them an opportunity to adjust.  This approach may allow the parties to maintain a relationship with each other, to keep a contract in place and to conclude their business together without fear of litigation.

Settlement of Wrongful Death Cases through Mediation

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Mediation is an effective tool to choose for an amicable resolution of a wrongful death case. This process helps to keep the process confidential and keep it out of the courtroom. It can help the parties reach a settlement that is fair to both sides. Some important concepts to understand about this process includes:

Different Evaluation Methods

In wrongful death mediation, there may be different numbers related to the settlement value of the case, such as:
• Gross value
• Net value
• Subrogated payments
• Costs
• Medical expenses
• Legal fees

It is important for a wrongful death plaintiff to understand how his or her settlement award will be applied. Medical providers may have liens for the expenses the decedent incurred immediately before passing away. The most important figure is the net amount since this is the amount that the wrongful death plaintiff walks away with after all other payments have been applied and all other costs are paid.

Challenges to the Damages Amount

In a wrongful death case, the plaintiff must show that the defendant’s negligence caused the decedent’s death. In mediation, the defendant or his or her insurance company may acknowledge fault, but he or she may try to challenge the amount of damages. Damages represent the money amounts that the defendant is responsible for. These may include medical expenses, burial expenses, lost earnings and lost services. Wrongful death plaintiffs may feel offended by these types of challenges because the decedent meant so much to them. However, this is part of the process and a way that the defendant will try to reduce the amount of the final settlement award. This award will likely be less than the plaintiff expected under the circumstances. However, it will be more than the plaintiff would receive if the jury found the defendant not at-fault.

Role of the Parties in Mediating ADA Claims

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The Americans with Disability Act provides protections for disabled workers. This area is ripe for dispute when an employee feels mistreated or when not given an accommodation he or she requests. The mediation process can

Role of the Mediator

The mediator leads the mediation process. He or she may meet with one party at a time to understand his or her perspective. He or she is a neutral party in the process, but can help by lending a sympathetic ear and offering insight into how the claim may play out in front of a jury.

At the beginning of mediation, the mediator sets ground rules. He or she keeps the parties focused on achieving their interests. He or she also encourages the parties to be vested in the process and to try to think outside the box. The mediator helps the parties narrow on certain issues by finding points of agreement.

Role of the Participants

The participants are required to mediate in good faith. This means that they will strive to settle their claim if possible. However, the parties are free to accept or reject settlement offers as they develop throughout the course of mediation. Any agreement must be completely voluntarily entered into. The mediator will talk to each party and encourage them both to be candid about their positions and what they are hoping to get out of the mediation process.

The mediator may also ask the parties to brainstorm new ideas. He or she may tell the parties to throw out of every possibility that may help resolve their issue. This may include various types of accommodations that may help the disabled worker. The parties should not outright reject any options. One idea may spur another one into existence. The parties should have an open mind throughout the process.

Cannabis Legal Issues that May be Resolved through ADR

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Medical Marijuana Buds on Black BackgroundWith more states legally permitting marijuana for medical and recreational purposes, the legal arena is ripe with newly considered issues.  These legal matters may be based on outdated policies, the intersection between federal and state law and other novel concepts.  Mediation can allow parties to reach their own agreement and not have to rely on a court with rules that may lag behind reality or may be unpredictable when considering new legal topics.

Licensing of Dispensaries

Entrepreneurs, dispensaries and local governments may be in conflict regarding whether a dispensary can be incorporated into an existing zone.  The parties may come to an agreement regarding what type of requirements the dispensary must meet as well as what types of goods can be produced or sold to the public.

Marijuana Screening

Parties may disagree about whether to consider medical marijuana when completing drug screening.  This topic may arise in the probation, child dependency/neglect, employment or other areas.  Some groups may be convinced to terminate zero-tolerance policies that do not penalize individuals who use medical marijuana or recreational marijuana where legally permitted.  Complications may arise when employees use cannabis off the job site but test positive during a screening on the job.

ADA Considerations

Disabled employees have the right to a reasonable accommodation to help them complete their jobs so long as the accommodation does not cause an undue hardship on the employer.  Employers and employees may work together to determine what cannabis-related accommodations may be made.

Housing Matters

Parties may be in conflict regarding leases and rental properties concerning marijuana usage.  These leases may include language that prohibits any type of smoking, whether that is tobacco, marijuana or vaping.  Parties may be able to discuss making exceptions to these policies, especially if usage is for a medical purpose.

Mediation Process Involved in Agricultural Disputes

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Depositphotos_162344672_s-2015Mediation is becoming an increasingly common way to resolve a variety of legal disputes. More and more parties embroiled are turning away from the bitter, contentious and expensive litigation process and turning to the collaborative process of mediation. Participants in this process should have a strong understanding of this process before commencing with it.

Goals of Mediation

The mediation process is goal-oriented. It focuses on accomplishing the goals of the parties as defined by them. In agricultural disputes, this may include resolving boundary disputes, working out problems with vendors, securing new contracts, properly appraising equipment for lending purposes or moving forward with an existing relationship. Often, the parties do not understand what their real goals and motivation are. A skilled mediator can help uncover the hidden interests of the parties through using strong communication skills and active listing.

Benefits of Mediation

Agricultural mediation can help clarify relationships between the parties and assign specific responsibilities between the parties. It can also help them see disputes from a new perspective so that they can amicably resolve the matter without the intervention of the court. Because the parties are in control of whatever decisions they make, they are usually much more satisfied with the outcome than if they proceed to litigation or settle through their respective attorneys.

Confidentiality

Mediation is a confidential process. It is used to give the parties the opportunity to settle their claim. Anything discussed in mediation cannot later be repeated in court if the parties decide not to settle. The mediator cannot be called to testify about the content of what was discussed in court.

Addressing Sexual Harassment Complaints Through Mediation

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Molestation at workplaceSexual harassment is against the law. If an employer does not respond properly to such complaints, it may be subject to stiff penalties. Sexual harassment may result in corrective action against the accused, such as counseling, discipline and termination. Employers may wind up on the receiving end of a lawsuit. Unchecked sexual harassment can leave a victim in a vulnerable position or may lead him or her to quit the job. To avoid these possible consequences, employers and employees often participate in mediation.

Benefits of Mediation

When parties can mediate their dispute, there are often a number of positive consequences. The victim may feel that justice has been served and that his or her honor is intact. Mediation may avoid more significant consequences, such as employee termination or a public lawsuit. The working relationship is often preserved so that the parties can continue working together. The employer may also be able to resolve the dispute for much less expense than if litigation ensued.

Early Intervention

Mediating sexual harassment complaints often provides for early intervention. This process alerts an employer to a potential problem so that it can be addressed at an early stage. The victim may be able to accept an acknowledgment from the accused that he or she acted in an inappropriate manner and will not do so again.

Resolution Plans

The parties may agree to a resolution plan that may identify specific steps the parties will take to fully resolve the problem. For example, the parties may agree that company-wide training would help educate employees and managers. They may agree that the business can modify the role of human resources so that it is more integrated into the daily lives of employees. The parties may work toward long-term resolutions together, such as creating committees designed to identify and prevent sexual harassment. When parties agree to mediation, they can often reach a resolution that is multi-faceted and protects mutual interests.