Category Archives: Whats Popular

Bilingual Mediators: Necessary Advocates for America’s Growing Hispanic Population

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Bilingual Mediators: Necessary Advocates for America’s Growing Hispanic Population

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A recent Pew Hispanic Center report suggests that there are approximately 52 million Latinos in the U.S. This number represents 17 percent of the total population of the country and has increased significantly over the past decades, making bilingual services absolutely necessary in the country to address this segment’s legal needs.  Bilingual mediation is one such service, and as an increasing number of people learn about the unique benefits of mediation over litigation, those same people are seeking bilingual mediation services to resolve their legal issues.

The states that are seeing the most demand for bilingual mediation services are California (with 28% of the country’s Hispanic population), Florida (8 %), Texas (19%), New York (7%) and Illinois (4%).  Within these states and others, mediators are bridging the gap created by language and cultural barriers to assist with the successful and peaceful resolution of legal disputes.  Bilingual mediators are trained in the unique cultural differences that could be present in legal disputes involving one or more Hispanic parties, particularly if the English skills of those parties are limited.

The reason bilingual mediation services are so desperately needed go beyond simple language barriers—without a mediator who can communicate effectively with his or her clients, the concept of receiving fair and nonbiased advice falls apart.  With language barriers present in mediation, and if one party feels its voice is not being adequately and correctly heard, the foundation of the process of mediation is disrupted.  This is because in mediation, everyone is heard and everyone has the opportunity to state his or her side of the dispute.

A bilingual mediator should have strong negotiation and dispute resolution skills, and he or she should also be able to provide support to various ethnic and cultural backgrounds, ensuring that the process and benefits of mediation effectively translate across language barriers.

Automotive Accident Mediation: A Solution Everyone Can Live With

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When an automobile accident happens, the first steps many people take are call the police, call the insurance company, and then call a lawyer.  However, automotive accident mediation, one of the best steps that can be taken after the police and one’s insurance company have been called, is often left out of the picture—costing accident victims more time and money than they wanted to spend on something that wasn’t supposed to occur in the first place.

With automotive accident mediation, a third-party, non-biased mediator can assist all parties involved with making sure that a fair settlement is reached, whether the insurance company is involved or not.  With an automobile accident, injuries that have occurred could present problems down the road that might not be considered in the immediate present, causing long-term financial insecurity for people who could have prevented it through mediation.

Regardless of whether you and the other vehicles/people involved in the accident are insured, and regardless of whose fault the accident seems to be, calling an automotive accident mediator is always a good step to consider after contacting the police and one’s insurance company.  An automotive accident mediator will be able to direct all parties to the proper channels for claims and claims dispute resolution, saving everyone time and money in the process.

Litigating an automobile accident injury claim can require more money and time than it is worth, but mediating such a dispute is often hassle-free and cost-effective, with equally satisfactory results.  The confidential nature of automobile accident mediation also ensures that your claim will be dealt with privately and confidentially so that everyone involved can move on with their lives with a resolution that has been mutually determined.

The Overpowering Statistics Facing Immigration Mediators

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The Overpowering Statistics Facing Immigration Mediators

According to the most recent statistics released by the U.S. Immigration and Customs Enforcement offices, 409,849 undocumented immigrants were removed from U.S. soil last year alone, with an estimated 11.5 million undocumented immigrants still living in the U.S. These numbers cast a striking light on the need for immigration reform in this country—a fact that those involved in immigration mediation understand all too well.

The past five years have seen excessive numbers of undocumented immigrants being apprehended and repatriated, but estimates are now suggesting that this trend is slowing down—perhaps even reversing—in recent years. In 2008, the Department of Homeland Security documented 792,000 foreign nationals that were apprehended and arrested, with approximately 88% being Mexican natives. That same year, Homeland Security removed 359,000 undocumented immigrants from U.S. soil, repatriating 69% to Mexico, 8% to Honduras, and 7.7% to Guatemala.

2008 also saw 97,100 criminals being removed from U.S. soil as undocumented immigrants; of that number, 36% were convicted of drug-related crimes. As drug-related crimes and illegal immigration often go hand-in-hand, immigration mediation can be a powerful way to reduce the punishment of illegal immigrants who are doing whatever it takes to survive and feed their families. Such methods of alternative dispute resolution allow law enforcement to see a better picture of the struggle faced by an illegal immigrant to find meaningful, legal work in the United States—especially in situations involving a desperate need to flee civil war, gang/cartel violence or poverty.

More recent numbers from the U.S. Immigration and Customs Enforcement offices show that in 2011, 396,906 undocumented immigrants were removed from U.S. soil, with nearly 55% showing felony or misdemeanor convictions on their records. Additionally, on April 23, 2012, the Pew Hispanic center released data showing that the net migration from Mexico to the United States has not only shown signs of stopping—it is showing signs of reversing. According to their numbers, between 2005 and 2010, although approximately 1.4 million Mexicans immigrated to the United States, that same number moved from the United States back to Mexico.

Professional Malpractice Mediation Saves Time, Money—and Most Importantly, Relationships

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One of the major sources of rising costs in the medical field and related health care services is the high number of professional malpractice lawsuits that have become the status quo for many providers.  These numbers, and the costs that are associated with them, have created a situation in which professional malpractice mediation is one of the most sought-after sources of alternative dispute resolution.  Professional malpractice mediation for healthcare disputes is not only a cost-effective and time-saving alternative to costly and lengthy lawsuits—it is also completely confidential, making it an attractive alternative to the public nature of litigation for many health care facilities and health care providers.

Professional malpractice mediation is not just limited to health care and related fields, however.  Attorneys and educators can also benefit from professional malpractice mediation, as these fields have likewise seen a rise in lawsuits and disputes over issues such as negligence, confidentiality or services rendered.  Although most cases involving professional malpractice mediation fall within the realm of health and health-related services, other fields have benefitted from mediation and continue to show success in resolving disputes that are taken through this type of alternative resolution process.

If you have been the victim of professional malpractice and feel that the cost and time involved to pursue a lawsuit does not make pursuing justice reasonable, consider professional malpractice mediation as an alternative.  Many people have been absolutely satisfied with the outcome of the mediation process and feel that mediation is a much preferable alternative to litigation or arbitration for professional malpractice claims.  In many cases, mediation allows clients to continue to receive services from a professional, if so desired, as the relationship is better maintained than if a lawsuit had been pursued.  This fact—that mediation can successfully save client/professional relationships—speaks volumes as to its effectiveness and status as a preferred course of action over litigation.

The Cost of Eminent Domain Disputes and Why Mediation is a Cost-Saving Alternative

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The Cost of Eminent Domain Disputes and Why Mediation is a Cost-Saving Alternative

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Parties involved in eminent domain disputes often learn the hard way why mediating might be preferable to litigating in these types of clashes.  When litigating a condemnation dispute, the cost of discovery requests, assessment of fair market value and other outside resources often end up costing more than anticipated, leaving everyone involved at a fiscal loss.  Added to that are the costs of time, as these types of disputes can take months—if not years—to get from start to finish in a congested court system when litigating.

Mediation, however, usually ends up being a much smoother process when attempting to resolve eminent domain disputes.  Eminent domain mediation allows all disputants to come together and discuss a settlement in the presence of a neutral, third-party mediator who has extensive experience in settling condemnation claims.  This mediator will not be biased toward one side or another, but will assist the parties in reaching a mutually beneficial settlement that is within their own control rather than the control of a judge and jury.

Through careful consideration, the intent of eminent domain mediation—and often, its result—is to resolve the dispute in a way that saves everyone involved time and money.  A settlement is legally binding and if a settlement isn’t reached, the claim can always be later tried in a court of law or taken through other alternative dispute resolution processes, like arbitration.

Eminent domain mediation is a cost-saving alternative that should be the first choice of anyone involved in an eminent domain dispute.  More often than not, these cases are sent to mandatory mediation first by the courts—that’s how enormously effective mediation can be in resolving eminent domain claims.  Courts across the country have recognized that sometimes “talking it out” can be a more effective approach than being told what to do by a judge or jury.

Avoiding Child Adoption Nightmares Through Adoption Mediation

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Avoiding Child Adoption Nightmares Through Adoption Mediation
Image courtesy of David Castillo Dominici / freedigitalphotos.net

The recent news surrounding the adoption of Baby Veronica, and subsequent legal battles between her adoptive parents and biological father, have renewed concerns for adoptive parents about ensuring the process doesn’t turn into their own personal nightmare.  For most adoptive parents who experience the elation of adopting a child, only to later face the threat of losing that child—the unpredictability can be a traumatic process for everyone involved.

As adoptive parents, one of the best ways to ascertain all the legal ‘I’s are dotted and ‘T’s are crossed in the adoption process is to enlist the help of a professional child adoption mediator who can facilitate a smooth and protective adoption procedure.  Child adoption mediators have been trained to look for and correct potential pitfalls at the onset before they become a threat to everyone involved, including the child who simply wants a family of his/her own.

Child adoption mediation is an alternative dispute resolution (ADR) process that seeks to settle legal disputes or actions outside of the courtroom.  Child adoption mediation is generally facilitated by a lawyer, former judge and/or certified professional mediator who understands adoption laws within your particular state.  He or she can also ensure that all necessary paperwork is correctly filed, and all possible problems are considered at an early stage, to avoid potential problems that could arise in the future between you, the adoptive parents, and other invested parties within the child’s life (the state, the child’s biological family, etc.)

The child adoption mediator is a neutral, third-party facilitator who helps all involved parties reach a legally enforceable settlement in the child adoption process.  While the child adoption process is completely voluntary and confidential, whatever is determined in the mediation settlement will be legally enforced by the court system.  If the parties involved fail to reach a settlement or agreement in the child adoption mediation process, they may then turn to other avenues of alternative dispute resolution or litigation to resolve their dispute.

What Your Website Reveals About Your Practice

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What Your Website Reveals About Your PracticeHistorians refer to our current times as the ‘digital age’ or the ‘new media age.’  The reason for this is obvious—at no other time in human history have we put so much of ourselves and our lives online, or in a digital format, for the world to see.  Clients are more likely to search for a mediation professional online than through other more traditional forms of searching, like the phone book or even word of mouth.  For this reason, whether you agree with it or not, a company that has not focused on a professional website is a company that, for many, will not be taken seriously.

You should think of your website as a more modern version of your business card. You will use it to reach thousands of potential clients and it will open doors for you when you seek to grow your business. The caliber of professionalism and the quality of your services will be judged by many based solely on your website, so you should also think of it as a first impression—and in many cases, the only impression—that potential clients will have of your business.

So take a minute and sit down with your partners or key staff members and ask yourselves—what does our website reveal about our business? Here are some “tough love” questions to get you on the right track of thinking:

1. Are there spelling or grammar problems with the content?

You would be surprised at how many businesses, even law and mediation practices, have spelling and grammar errors in their online content. This means that from the beginning, the discerning potential client will automatically avoid calling you because, put simply, you are letting them know from the onset that you are not the kind of mediator who “dots all his or her ‘I’s and crosses all his or her ‘T’s.” Having a professional editor look over your website to fix these errors will cost a little but will save you thousands in lost clients.

2. Is there too much content?

This is another common mistake that businesses, particularly law-related ones, make. Too much content not only makes the website look sloppy and unprofessional—it’s also wasted effort because most people won’t read it. Think about it: when you ‘surf’ the internet, how long do you tend to stay on a website? 5 minutes? 10 minutes, at most? What would you say if we told you that according to research, most internet users stay on a webpage for a minute or less? That’s certainly not enough time to read the pages and pages of content you have. Pare down the content and stick to only the basics of whom your mediation practice serves and why you are the best. If a client wants to know your life story, they’ll ask you in person.

3. Does the look and feel of the website reflect the main traits of your business?

If you want potential clients to see you as a professional mediator who is successful, make sure this is reflected in your website. A website that is full of errors, difficult to read and difficult to navigate will reflect poorly on your business. So take a good look at your online presence and ask yourself: what does your website reveal about your practice?