Mediation provides a systematic means by which to settle bankruptcy cases, including those that are complex or especially time-consuming. Everyone involved saves money, which can be especially important when the bankruptcy filing includes large corporations, or multiple claims that involve mass torts or class action lawsuits. Whether an individual is filing for bankruptcy or the bankruptcy filing is by a large company or corporation, mediation is one of the best tools for bringing about a fair and efficient resolution.

Mediation can be used in bankruptcy in one of two ways. It can be something that settles a single claim between a creditor and filer. Disputing parties agree to give mediation a chance to avoid court costs and other disadvantages of litigation. In most cases, bankruptcy courts are happy to allow mediation because it reduces the court’s role in the case.

Another way mediation is used in bankruptcy cases occurs when there is a larger, more complex bankruptcy case. When there is a large group of claims in a single bankruptcy case, mediation creates an orderly process that provides early resolution. This eliminates the need for unnecessary costs accumulated during the discovery process, as well as motions and lengthy trial preparation. The time and expenses of preparing for mediation are much less than the costs of a trial. Overall, the systematic approach of mediation shortens the length of the entire bankruptcy proceeding.

Though benefits of using mediation to settle bankruptcies are beneficial to everyone involved, there are some disadvantages, especially because it is a fairly new concept. Some attorneys and clients are initially resistant to the process, which is the case in many types of mediation. For some, it just seems too good to be true. Usually, education and clarification are enough to convince them to give bankruptcy mediation at least a chance.

Food and drug mediation is used when a person is injured or made ill by a medication or food.  Since the FDA is in charge with protecting the population from dangerous foods and drugs, the two are handled in a similar legal manner.  Additionally, food and drug mediation can be used to settle issues related to dietary supplements, weight loss products, vitamins, etc.

The reason mediation is so successful when it comes to settling disputes of this type is because it addresses both the fiduciary and emotional aspects of a case.  Mediation sessions give those affected by faulty foods or drugs the opportunity to share their story.  They also play an important role in settling their case.  There are also benefits for the food and drug manufacturers involved in these cases – the information discussed during mediation remains private, so there is no worry of a public relations nightmare unfolding in the public eye.  Everyone involved is able to confidentially negotiate a fair settlement without public scrutiny or interference from the court system.

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Mediation brings closure to food and drug disputes as efficiently as possible.  It takes less time to reach a settlement because there is no lengthy discovery process, no motions are filed, and there is no need for a judge or jury to take days or weeks to examine evidence.  Whatever is needed to settle a dispute is brought to the mediation session and rarely do sessions extend beyond a single day.  This saves both parties money and allows them to resolve their dispute and return to their lives as quickly as possible.

Perhaps most importantly, at least for the party that had a negative experience with the food or drug in question, mediation provides an opportunity to share his or her story.  In a controlled environment, the affected party is able to tell his or her story.  Often, this cathartic experience is necessary to open the door to a fair resolution.

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Alternative forms of dispute resolution are extremely effective for settling issues related to computers and software. These types of business disputes can be extremely complex. Mediation and arbitration make it easier to get to the heart of the dispute and find a resolution that works for everyone involved.

How Do You Know Your Case is Right for Mediation or Arbitration?

• Are you looking for an unorthodox resolution to a complex dispute, so the one-size-fits-all formula of litigation will likely not resolve the issue completely?
• Have you attempted to settle the issue “on your own” and gotten nowhere?
• Do you want to avoid the expense and distraction of taking the dispute to court?
• Does the dispute relate to fraud, intellectual property, or contractual issues?
• Would you prefer oversight from an expert in a particular field?

If you answered yes to one or more of these questions, ADR could be the right tool to help you settle your dispute.

What ADR Options are Available for Settling Disputes Related to Software and Computers?

• Mediation: This puts the disputing parties in complete control of negotiations and the outcome of the dispute. Mediation is not successful unless both sides of a dispute agree to a settlement.
• Arbitration: Is just as informal as mediation, but utilizes a neutral third-party to determine the outcome of the dispute. In mediation the third party facilitates discussion; in arbitration that third party is the decision maker.

To determine whether arbitration or mediation would be better for settling your dispute, consider the role you want the neutral third-party to play in the process. Also think about whether he or she needs specific qualifications or expertise (especially important in disputes related to software and computer issues), and determine whether you want to be bound by the outcome. In mediation, you have final say in the matter, but in arbitration, you must abide by the decision of the mediator.

Settling disputes related to computers and software does not need to be the hassle it is when litigation is used. By exploring alternative dispute resolution methods, you are opening the door to an efficient, cost-effective, and mutually beneficial outcome.

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Adoption mediation is a process in which birth parents and adopting parents can determine the details of the adoption arrangement and create a legal contract stating those details. In adoption mediation, a trained, neutral, third-party mediator acts as facilitator to the discussion, using his or her knowledge of local, state and federal adoption laws to make the process of reaching contractual agreement as smooth as possible.

There are several ways in which mediation can be useful in adoption situations. Some adoptions may begin as closed adoptions, allowing parties to use adoption mediation to open them up. Other adoptions might begin with no formal contract but end up needing such a contract due to unforeseen changes in living arrangements or patterns of parenting. Still others may have a formal agreement that one or both parties are failing to follow, requiring mediation to put everyone “on the same page.”

Regardless of the scope and depth of a particular adoption arrangement, adoption mediation is a highly successful and cost-effective way to reach a legal settlement concerning an adoption. Adoption mediation is an informal process and is much less stressful than having to appear in court. Adoption mediation also allows the details of the adoption contract to be completely confidential, since mediation does not make details of the dispute or contract a matter of public record like going to court does.

If you are considering adoption, an adoption mediator will be able to help guide you through the process of reaching a formalized agreement between all involved parties. If that formalized agreement needs to be changed in the future for whatever reason, adoption mediation can also be used as a venue to make necessary changes to the paperwork.

The important thing to keep in mind about adoption mediation is that all parties remain in complete control of the outcome of the mediation session. If one or more parties do not agree with the terms of the adoption agreement, that party has the right to reject it and move the matter to the courts in the event that an agreement cannot be reached through mediation.

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Premises liability mediators often encounter some strange cases that show the extent to which the threat of ‘liability’ can threaten basic common sense. Take, for example, the recent story about Sergeant William Bolt and his wife Lily, who lives in the town of Central, South Carolina at The Groves apartment complex.

While on leave for the holidays, Sergeant Bolt, who is not on the apartment lease, stays at his wife’s apartment while spending time with her and their newborn daughter. However, recently, the couple came under fire by the landlord, who insisted that if Bolt stays beyond the 7-day visitor limit (as per the lease), his wife is violating the terms of her lease.

“I’m stationed in Missouri and we haven’t seen each other in six months,” says Bolt. “What’s the problem with me staying and visiting with my wife?” The landlord of The Groves insists, however, that the rule applies to every resident, regardless of specific circumstances. Although he refuses to go on record with local media outlets with his full name, he states that the rules of the lease must be followed to the strictest letter since the resident signed it. The only option he is giving the couple is for Bolt to leave the premises or for their rent to be doubled.

According to Bolt, the landlord doesn’t care that the couple is married with a newborn, nor does he care that Bolt is in the military. After taking the case to a local attorney for consultation, the Bolts stated that the attorney assured them that the landlord’s case will likely not stand up in court for several reasons: first, the couple is legal spouses; second, the portion of the lease relating to visitors staying beyond 7 days is poorly worded.

This is an excellent example of a case relating to premises liability concerns (on the landlord’s part) that simply doesn’t hold water in court or show simple common sense in application of premises liability law. In fact, the couple plans to take the case to a mediator soon in order to resolve the dispute. Hopefully, mediation will help this misguided landlord see the error of a poorly written contract.

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Car accident mediation is a voluntary process that provides a legal remedy for settlement of car accident claims.  Completely confidential, car accident mediation allows the parties involved in a car accident claim to settle outside of court and avoid the high costs (both in time and money) of a courtroom trial.   The process is voluntary and both parties involved in the mediation process are able to take the case to court at a later date if mediation doesn’t offer an acceptable resolution.

As an alternative dispute resolution process, car accident mediation is facilitated by a neutral, third-party mediator who will look over the details provided by both parties before the mediation process begins.  After each side provides its brief, including the cost of damages incurred and demands for settlement (if any), both parties will discuss the details related to the incident.  The accident mediator will facilitate this discussion and help both parties based on his or her knowledge of state and federal laws.

When preparing for car accident mediation, keep in mind that you will need evidence relating to the accident.  This can include copies of police reports and insurance policies.  While having your own lawyer representing you in car accident mediation is not required, it is important to remember that the insurance company will likely have their own attorney present if an insurance company is involved in the claim.

The actual car accident mediation process will likely take place in a room where all parties meet together to discuss the details of the claim.  Each party will give an opening statement that includes details related to their “side” of the dispute.  After all statements have been heard, the parties will then work on a legal settlement jointly.  The accident mediator remains neutral throughout the entire process, which means that he or she will not make settlement decisions for the parties, nor will he or she decide who is “right” and who is “wrong.”

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Liability and negligence claims against members of certain professions—such as law, healthcare, education, engineering, and accounting—are often perfect candidates for professional liability mediation. There are several reasons for this. First, any claims involving insurance companies present their own unique problems. Insurance companies will often pay a maximum set limit that can be quickly eaten away by the exorbitant costs of litigation.

Second, cases involving professional liability or claims of professional negligence can be extremely detrimental to an individual’s professional reputation, as well as the reputation of the company they work for. For this reason, professional liability mediation becomes a much more attractive dispute resolution process due to its confidential nature. In mediation, only the parties in conflict (and at times, their attorneys) will hear the details—all of which will be kept out of prying public eyes.

Third, professional liability cases can end up costing a professional much more than his or her reputation—it can end up costing them valuable time and money if the case is taken to court. With crowded court dockets and rules regarding filing paperwork, a professional liability case can go on for months, even years. Added to that are expensive attorney fees and court fees that are always present in litigation, as well as the expense of work missed in order to resolve the case around the court’s schedule instead of your own. Mediation, however, is scheduled to meet your scheduling needs, and can often take place via video conference or within a few hours’ time, from start to finish.

Finally, anyone who has ever been involved with professional liability claims and disputes will agree that these types of disputes are best handled quickly, saving the professional’s reputation and company’s image from any additional fallout. Businesses spend a lot of time, money and energy building their reputation and brand image—both of which can be absolutely destroyed by litigation and professional liability disputes that become public knowledge. Mediation is a quick alternative resolution process that remains entirely within the control of the disputants, who can choose to resolve the issue as quickly as possible.