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Resolving Eminent Domain Disputes Using ADR Methods

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Eminent domain describes the ability of the state to take private property for public use. It is easy to understand why something like this could trigger a vicious legal battle that takes a great amount of time to resolve. Unfortunately, within that timeframe, individuals can exhaust their resources fighting the government and the project the government intended to create can go undone, which can be a detriment to society.

So what is the best way to resolve eminent domain issues? It is even possible to achieve a resolution that makes everyone happy – especially the individuals who are at the mercy of a government with vast resources and powerful attorneys?

Often, alternative dispute resolution (ADR) is the best way to resolve the issue.

Eminent domain requires the state provide fair compensation in exchange for whatever property it assumed ownership over. Of course, what the government deems fair and what the owner who is losing his or her property deem fair can be light years apart. This is where ADR can have a significant impact.

What are the benefits of using ADR methods like arbitration and mediation for resolving eminent domain disputes?

ADR is confidential. It doesn’t matter if mediation or arbitration is chosen, both offer a private method for resolving legal disputes. The private information of the individual will not be accessible in public records during the process and anything that is discussed during either process cannot later be used against either party.

ADR is flexible. Using mediation or arbitration to resolve an eminent domain dispute works so well because there is an ability to tailor the resolution to suit the specific needs of those involved. In mediation, it is the disputing parties that have complete control over the outcome, so if they are willing to agree on an unorthodox solution, they are free to pursue it provided it is legal.

Eminent domain disputes can grow into ugly battles, but ADR makes them easier to resolve.

The Elements of a Sexual Harassment Case

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Despite popular opinion, a valid sexual harassment case can be difficult to prove and cannot be premised on isolated events that are not serious in nature.  Instead, the employee who makes a legal claim of sexual harassment must show several elements, generally with proof by a preponderance of the evidence.

Harassment Is Because of Sex

It is not enough for an employee to be harassed in this context.  The conduct must be based on sex, such as sexually explicit comments or comments based on the employee’s gender.

Severe or Pervasive Requirement

The conduct of which the plaintiff is complaining must be severe or pervasive enough that it changes the employee’s working conditions.  This means that random horseplay or innocent flirting is not usually actionable.  Some courts have also denied claims regarding offhand comments, teasing or isolated incidents.

If the case proceeds to court, factors that are considered include how often the conduct occurred, how severe it was, whether the harassment involved threatening or humiliating conduct and whether the conduct unreasonably interfered with the employee’s work performance.  This is largely dependent on whether the conduct would be perceived by a reasonable person as being hostile or abusive.

Unwelcome

The plaintiff also has the burden of showing that the conduct was unwelcome.  This may be shown by the plaintiff presenting evidence that he or she asked the offender to stop.  This may be an issue that is highly contended in the sexual harassment context because the offender may say that the conduct was mutual and welcome.

Employer’s Liability

If the employee is seeking damages from the employer, he or she must show that the employer is liable.  This typically requires the employee to show that the employee availed himself or herself of any sexual harassment policy and that the employer failed to take proper steps to address the problem.  If the harasser is a supervisor, the employer has the burden of proof to show that no tangible employment action resulted that warrants liability.  Due to the heightened demands on the plaintiff and the employer’s desire to keep such matters private, parties may consider mediation to help resolve a sexual harassment case.

Ways to Prevent Nursing Home Abuse

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According to a 2013 report by ABC News, one in three nursing home patients are a victim of nursing home abuse.  Although this problem is significant, there are steps that every individual involved in this problem can take to prevent nursing home abuse.

Nursing Homes

A significant aspect of the problem is that nursing homes are often understaffed.  Additionally, nursing homes may not establish very high employment criteria, meaning that unqualified people may be working with vulnerable patients.  Nursing homes should strive to have a lower patient/caretaker ratio and insist upon continuing education of their staff.

Loved Ones

It is important that loved ones closely monitor nursing home patients to ensure that they are being treated with dignity and respect.  They should monitor the patients for warning signs of abuse, including physical marks, a withdrawn personality, missing medication or missing income or assets.  By visiting regularly – and sometimes unexpectedly – loved ones can help give caretakers a much needed break as well as keep a constant eye on the situation.  Loved ones who believe that their relative is being abused may wish to seek legal counsel and pursue arbitration of a case to quickly resolve the issue and prevent similar abuse from occurring in the future to their loved one or other patients.

Patients

Although some nursing home patients may seem frail, many are fully competent individuals who simply need some assistance in getting around.  Patients can protect themselves by reporting any abuse that they suffer.  They should inform loved ones, as well as the nursing home itself.  Additionally, they can take legal steps to help ensure that their financial matters are in order, such as by establishing a will, irrevocable trust and power of attorney.  Patients who are isolated from others are more likely to be abused, so patients should make a point of regularly seeing family and friends.

How Restrictive Covenants Affect Land Use

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In some deeds, there may be restrictive covenants that provide greater restraints on how property owners can use the property.  These may supplement or replace zoning regulations.  Although zoning regulations may call for certain restrictions, covenants of this nature may further usurp a property owner’s rights or include more stringent guidelines than those dictated by zoning regulations.  For example, a restrictive covenant may require a larger building set back line than the zoning regulation requires.  Additionally, they may limit the use of the area, such as only residential, even if zoning regulations would permit some commercial uses.

Restrictive covenants are designed to protect the existing property owners’ values of their homes as new owners move into the area.  They may state that only single family units can be constructed in the area.  They may also provide for continuity through a design scheme, such as requiring new development to be a certain amount of square footage, certain building materials to be used and certain architectural styles for the property that is bound by the restrictive covenant.  The owners association may insist upon an architectural review of plans for any new construction to ensure that the new property conforms to existing structures.

Restrictive covenants may also affect land use by prohibiting property owners from leasing the property or by placing restrictions on how property can be leased.  For example, the covenant may insist that all leases be at least one year or longer.

A restrictive covenant can be enforced by an adjacent owner or by the owners association through self-policing.  Successful enforcement of the restricted covenant can result in a court injunction that orders the owner to stop violating the covenant.  In some cases, monetary damages are also available.  Some states have passed additional legislation that provides greater damages or more rights to owners associations, such as the ability to fine the offender or restrict the owner from using community amenities.  Because the stakes are so high and affect the daily lives of the parties involved, disputes regarding restrictive covenants lend themselves to mediation.

Eminent Domain Dispute? Turn to Mediation!

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Mediation is advantageous in a variety of instances, but it can be especially effective for settling eminent domain disputes.  Eminent domain is an issue that pits private property owners against government organizations, something that can be extremely intimidating for the property owner.  By using mediation to settle the dispute, everyone can walk away happy with the outcome.

Mediation provides three major benefits when it comes to eminent domain disputes: it is confidential, it is low cost, and it allows the disputing parties to remain in control of the outcome.

When issues are settled through litigation, all of the information is public.  Often, this is enough to hamper settlement efforts in eminent domain cases.  Should an issue not be settled in mediation, the discussions cannot be used at a later date to help anyone build their case.  The mediator cannot even be asked to testify or disclose information.  This confidentiality allows everyone to speak freely and openly, making it easier to work toward a resolution.

Mediation also allows those involved to stay in control of the process and the resolution.  Nobody is forced to abide by a court-mandated procedure or resolution.  They can act in their own interest and consider flexible or unorthodox solutions if that’s what it takes to reach a successful outcome.  Disputing parties have control over every aspect of the mediation, beginning with the time and location of the mediation, and the actual mediator overseeing the process.

Finally, mediation is efficient.  The process saves everyone involved time and money, which can be especially important in eminent domain cases.  It avoids the expense and time-consuming nature of securing expert witnesses, culling through discovery, and paying an attorney and his or her staff to build a case.  Mediation also makes it easier to preserve the reputations of those involved.

Using Mediation in Premises Liability Disputes

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Premises liability cases can be some of the most hotly contested disputes in existence.  Those involved are asked to defend their right to compensation because of an injury against someone defending the safety and function of his or her property.  These are very personal issues and all too often, the personal side of the dispute interferes with everyone’s ability to view the issue reasonably and negotiate in good faith.

It is the personal aspect of premises liability disputes that makes mediation so effective for resolving the matter.  Mediation provides a forum in which personal facets of a dispute can be addressed – far more so than they ever would be in a courtroom.  Skilled mediators have the ability to take two sides of a dispute that seem far from a resolution together to examine the issue and eventually reach a compromise.  Often, addressing the personal issues of a dispute is the best way to move negotiations forward.  People feel understood and acknowledged when emotional issues are addressed and that makes them better able and willing to negotiate.

Premises liability disputes can vary a great deal in the details.  Injuries can be minor or severe, so it is important to address each instance on a case by case basis.  This can be tough in the courtroom, where resources are limited.  Laws are applied across the board and the flexibility that could bring a case to a successful conclusion that makes everyone happy is just not an option.  Litigation can result in everyone involved in a premises liability dispute walking away unhappy with the outcome.

Mutual satisfaction is guaranteed in a successful mediation.  As a matter of fact, mediation requires both parties agree on a resolution and if this is impossible, they move onto another option.  Mediation is ideal for premises liability disputes and there are no instances in which someone walks away from mediation unhappy, unless they allow this to happen.

Involved in a Copyright Dispute? Try Mediation!

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Mediation can be one of the most effective ways to settle a legal dispute concerning copyright issues. Not only does the process save time and money, avoiding the inefficiency and expense of litigation, it also provides a number of other features that are unique suited to copyright issues.

Copyright mediation is a confidential process. Unlike litigation where everything discussed during the process is done in open court in front of the public and the details of the final outcome are a matter of public record, mediation is private. Discussions are held in private and only those who are a part of the mediation know the details of those discussions. And if mediation is unsuccessful, the information that was part of the failed mediation remains confidential. This is especially important when it comes to copyright issues that could involve sensitive proprietary information.

Mediation is also controlled by the disputing parties. They participate in negotiations overseen by the mediator and they determine whether or not a resolution is viable. They have the flexibility to design a solution suited to their specific circumstances – something that is not always an option in the courtroom. And only when both parties agree a resolution is acceptable is the mediation considered a success.

The process of mediation is led by a mediator chosen by the disputing parties. This means they have the ability to pick someone to oversee the process who is suited to their needs. Many mediators specialize in specific types of mediation and there are those who are experts in the copyright process. A mediator might be an attorney or judge who has spent time studying and working with copyright, which ensures he or she will have the knowledge and experience needed to guide parties toward an acceptable resolution.

It is easy to see why mediation is so often the preferred method for settling copyright disputes.