Bi-Lingual Mediation: It’s about More than Just Translation

At the heart of mediation is communication. When that communication breaks down and either party involved in the dispute is unwilling or unable to speak openly and honestly about the issue, mediation comes to a standstill and other dispute resolution methods will likely be needed to settle the matter. Unfortunately, mediation can be challenge enough when disputing parties speak the same language. When there is a difference in language and one party is unable to understand the other, things can get especially complicated. This is where an expert in bi-lingual mediation can help.

Bi-lingual mediation is about more than just interpreting the words a person is saying. Much of the communication that moves mediation forward involves the thoughts and concerns of both parties. Unless these concerns are addressed fully, negotiations can fail. Merely having a language interpreter to help during the mediation session is typically not enough. A skilled mediator who is fluent in the languages used by the disputing parties can provide a bridge problem to solution.

Since the mediator understands each language spoken by those involved in the dispute, he or she is able to fully understand the intention of the words used. This understanding is an essential part of a successful mediation. In order for a mediator to help parties move from utter disagreement to a willingness to negotiate to a resolution, a comprehensive view of everything involved in the dispute is needed. Only when the mediator truly understands the case of each side is he or she able to do a thorough and effective job.

Finding an expert in bi-lingual mediation is growing easier and easier, as more and more mediators realize the value in speaking and understanding more than one language. If you are involved in a dispute and you or the other party speaks a language other than English, it is essential you find a mediator comfortable working in a bi-lingual environment.

How to Help Clients Choose the Best Asset Distribution Option

In general, people have four options when it comes to estate planning and distributing their assets. They can gift all or a portion of their assets before they die, establish a trust while they are alive, distribute assets through their will after they die, or distribute assets outside of their will after they die. Often, the best option is actually more than one option, but this is going to vary from situation to situation.

Choosing the Best Method of Asset Distribution

So how do you help someone determine what the best asset distribution method is for them and their family?

First, a person must consider his or her financial situation, as well as the applicable tax rate. What might be advantageous in one tax bracket could be disastrous in another. Any plan for asset distribution first and foremost must minimize fees and taxes as much as possible.

Once the method of distribution is determined, it is best to choose the beneficiaries. This is entirely up to each individual and for many, it can be an emotional process. There is a fine line between advising and interfering when it comes to helping someone choose beneficiaries, so any one doing so should tread carefully.

The Unique Situation with Spouses

When it comes to one spouse leaving all of his or her assets to the other spouse, there are a few additional options available for distribution. Laws vary from state to state, but in general, options include joint tenancy, which occurs outside of the will and avoids probate, and the simple will, which leaves all assets to the spouse. Joint tenancy and simple wills offer no protection for children because the surviving spouse is free to do as he or she choose with the assets once they have transferred. When protection for children is needed, a complex will is the better option because it directly property to the children while still allowing the surviving spouse to use that property.

Mediation Makes It Possible to End Contentious Disputes in the Apparel Fashion Industry

Mediation is used in the fashion apparel industry to resolve civil and commercial disputes that arise between people working in the industry.  It can be used for international and domestic disputes, and is a voluntary process that makes it possible to protect the mutually beneficial relationships that have been forged over time.

One of the most important factors in a successful fashion industry mediation is the mediator.  Skilled mediators should not only be effective communicators and able to manage a mediation session, they should also be experts in the fashion industry.  This eliminates the need for lengthy and time-consuming explanations of the issues in the dispute.  Parties can simply begin by focusing on the potential resolutions to the problem they face.

Many professionals in the fashion industry include mediation clauses in their contracts, so mediation is the first line of defense when a dispute arises.  This ensures disputing parties have a quick, simple, and affordable method in place to help them resolve problems.  It is still possible for parties to pursue arbitration or litigation should mediation fail, but the starting point gives them an opportunity to settle the dispute in the most efficient way possible.

Mediation is the only means for resolving a dispute in which you can be in control of the outcome.  It guarantees that even if parties do not receive everything they want, they will have a say in the resolution and be at least partially satisfied with the end result.

A final benefit of mediation in the apparel and fashion industry is its ability to keep private issues private.  Mediation is completely confidential, so the sensitive and proprietary information of those involved does not become a matter of public record.  Everyone can walk away from the dispute happy with not just the outcome, but also the process.

The Growing Need for Pet Mediation: How Mediation Can Help Animal Lovers Resolve Conflicts

The pet industry is turning more and more frequently to arbitration to help settle conflicts that arise in a variety of arenas.  Whether it is a dispute between pet owners, pet associations, veterinary facilities, or pet businesses, mediation is an effective and efficient method for resolving the issue.

Disputes in the pet industry can be challenging, especially since many laws are not all that specific.  Add to that the emotions that come into play when a beloved family pet is involved and things can get dicey.  This is one of the reasons why mediation is so effective when it comes to resolving disputes in the pet industry.

Mediation avoids the cost of attorneys and the time-consuming nature of litigation.  There are no unpleasant confrontations, simply discussions about the issue.  Mediators facilitate productive conversations that are respectful and allow all sides to voice their opinions.  This helps everyone gain a better understanding for everyone’s concerns and gives a great foundation for crafting the perfect solution.

In addition to mediation’s efficiency, disputing parties also enjoy control over the outcome.  Whatever resolution is created, it is crafted by those most affected and those who have the pets’ best interest in mind.  Mediators facilitate discussion but they do not make a ruling or force anyone to do anything they do not wish.  Their job is to help parties reach a conclusion of their own making, in hopes the resolution will be mutually beneficial.

If you are interested in pet mediation, it is best to speak to someone familiar with the industry that understands the various laws.  In an ideal world, disputes would never affect our pets and they would be safe from controversy and misunderstandings, but this is not always the case.  And if you work in the pet industry, chances are you will come across an issue at some point that needs to be resolved as quickly and efficiently as possible.  Mediation allows you to settle an issue and return to what is most important: caring for the beloved pets in your life.

What are the Benefits of Agricultural Mediation?

Mediation is used to settle a variety of legal disputes, including those in the agricultural industry.  It is a voluntary process that allows those involved in the dispute to avoid the expense and adversarial nature of litigation.  A trained mediator works with individuals and organizations involved in the dispute to identify a solution that is mutually acceptable to all parties involved.  Unlike a judge, mediators do not levy decisions and have little control over the outcome of the dispute.  Their role is to help disputing parties assess potential resolutions and discuss the issue from all angles, keeping communication flowing and respectful.   In the end, nobody is right or wrong.  They simply work together as a team to eliminate the problem at hand.

Agricultural mediation brings everyone involved in the dispute together into the same room to work out a solution.  The problem is dealt with openly and honestly, but the discussions held during mediation remain private, regardless whether the issue is resolved or not.

Mediation can be requested by any party involved in a dispute.  It could be an individual or an organization.  Some states offer a conflict resolution service that helps get the ball rolling for agricultural mediations.  A mediator is chosen, and the mediation session is scheduled for a neutral location.  Typically, agricultural mediations are settled within a few hours, as long as everyone arrives ready and willing to negotiate.

Once the mediation begins, the mediator sets the ground rules, and each party makes a brief statement concerning the issue at hand.  In addition to the facts as they see them, each also has an opportunity to share feelings and opinions regarding the issue.  The various issues involved are clarified and each of the possible resolutions are examined.  Once an agreement is reached, the mediator records the details, and the session ends.  Though rare, if an agreement cannot be reached, each party has the option to pursue litigation or another form of alternative dispute resolution.

Five Reasons Mediation Should be the First Step in Settling HOA Disputes

HOAs are valuable organizations that allow neighborhoods to run cohesively. Unfortunately, despite all of the benefits of HOAs, problems sometimes arise, and these problems develop into legal disputes that put the peace and unity of the neighborhood at risk.

Luckily, there is a way to settle these disputes that avoid further problems between HOAs and neighborhood residents. HOA mediation is an effective problem solving tool that provides many benefits, including:

1. Saves Money

One of the most important benefits of mediation is the money it saves. Settling a matter in court is expensive. Mediation allows a matter to be resolved in a better way for less money.

2. Takes Less Time

Matter resolved in mediation are typically settled in a matter of hours, as opposed to weeks, months, or years in court proceedings. This allows everyone to return to their normal lives and put the dispute behind them as soon as possible.

3. Resolves the Manner with Less Animosity

Mediation requires teamwork and opposing sides are encouraged to work together instead of against one another. The resolution is a compromise, as opposed to pitting one against the other and creating winners and losers, as would be the case in litigation.

4. Offers Flexible Solutions Controlled by the Most Affected Parties

Whatever solution is reached in mediation is the sole design of the parties involved. Mediators oversee the process and help disputing parties stay on track, but they do not make a ruling or have much control over the final outcome. In order for mediation to successful, disputing parties must agree on the resolution.

5. Provides a Guide Map for Future Disputes

Chances are there will be numerous disputes over the years with an HOA. People tend to see things from varying points of view, and as times change, HOAs must make adjustments. Using mediation to settle a single dispute can provide a road map for solving future problems in the most efficient way possible.

Using ADR to Settle HOA Disputes

Dealing with homeowner’s association (HOA) disputes is time-consuming, expensive, and frustrating. In some instances, major disputes grow from minor issues and in no time the entire community is at odds. Alternative dispute resolution methods including arbitration and mediation can be effective tools for settling a variety of HOA disputes, ranging from dues collection to resident disputes to officer elections.

The advantages of using ADR to settle HOA disputes are plentiful and include:

  • Flexibility: Participants in arbitration are free to choose the rules of settlement. Mediation participants also enjoy this benefit, as well as deciding the ultimate outcome of the dispute.
  • Control: Disputing parties are in control of not just the mediator or arbitrator, but also of certain aspects of the process. This ensures the person that has control over the process has the specialized understanding needed to help reach a resolution.
  • Predictability: Litigation has an unpredictable outcome, especially if a jury is involved. ADR removes some of this unpredictability and gives control back to those the resolution affects the most.
  • Cost and Time: Mediation and arbitration are less expensive and take less time than litigation. This allows a community to return to its important work and not remain focused over the long haul on a dispute. It also establishes a precedent for future disputes as quickly as possible.
  • Privacy: Matters discussed during mediation and arbitration do not become a matter of public record. Usually, only the settlement is put into writing.
  • Cooperation: ADR fosters a sense of cooperation. Never is this more important than when disputing parties must continue to live in the same community once a dispute is settled.

Most people report a high degree of satisfaction with mediation and arbitration. It reduces the stress so of community disputes and ensures an HOA dispute will tear apart a community.