In the space of three months, what started as a minor health problem in central China has become a global pandemic. Global commerce has especially taken a big hit as a result, with stocks nosediving and businesses being unable to fulfill crucial obligations.

Commercial contracts are ordinarily designed to be contemplative. However, no one could have predicted the occurrence of a global health crisis of the proportions we are currently witnessing. As a result, there have been serious disruptions to the performance of commercial contracts as parties are left confused as to the proper course of action under their suddenly otiose agreements.

Due to this disruption in commercial relationships, many predict that there will be a spike in commercial disputes. The majority of these will also be submitted to commercial mediation. However, with the current COVID-19 outbreak, legitimate questions arise as to how this mediation may be carried out, considering the unique circumstances of this period.

How can you and your business partners act fast to vary your contractual obligations and maintain crucial relationships at this time? Will there still be a means to access the speed, efficiency, and confidentiality of mediation-facilitated dispute resolution?

This article addresses how the COVID-19 outbreak affects commercial mediation and what you can do to access speedy dispute resolution.

How the pandemic affects commercial mediation
To combat the spread of the coronavirus, the federal government and states around the US take increasingly stricter measures. These measures have the unintended (but unavoidable) effect of essentially suspending much of business as we know it. As a result, commercial mediation has been affected in several ways including:

• Increase in commercial disputes: As of this moment, the disruption in the conduct of business is causing a proliferation in disputes between partners. Many of these disputes arise due to differing interpretations of essential terms in contracts, especially those affected by the changing circumstances of the pandemic. This will result in an increased need for commercial mediation services during the period of the pandemic. It is also expected that by the time the pandemic blows over, there will be an even bigger spike in commercial disputes. These will include insurance claims; breach of energy, procurement and construction contracts; breach of carriage agreements; industrial and data privacy claims, etc.
• Legal restrictions: While there is an increasing need for commercial mediation, it is becoming even more difficult to hold these mediations. Due to lockdown measures and other restrictions geared towards slowing the spread of the virus, mediation facilities are currently shuttered and will be so for a while yet. This makes it difficult to hold physical mediation.
• Safety concerns: Social distancing and self-isolation havealso been encouraged in this period to curb the spread of the virus. As even healthy persons may be asymptomatic carriers, it is necessary to remain socially distant and avoid gatherings to stay safe.
• Disruption in already scheduled mediation sessions:Meetings earlier scheduled before the coming into effect of the lockdown orders and restriction of movement will have to be put on hold until the restriction is lifted.

Advantages of commercial mediation during the pandemic
For parties that can work around the challenges of this period, commercial mediation will provide a mass of benefits including the following:

• Flexibility: Mediation allows for flexible arrangements between the disputing parties and the mediator. This makes it a lot more desirable and flexible when compared to litigation. Parties may elect to schedule the meetings for periods they find convenient.
• Preserving business relationships: Mediation, like every other ADR method, provides for a win-win situation. This ensures the preservation of pre-existing relationships between the parties.
• Enables stress-free modification of obligations: Mediation allows parties to adopt a range of flexible and cost-effective solutions to their disputes. This includes being able to modify contractual obligations easily.
• Disarm disputes before they become litigious: One of the biggest perks of ADR is its provision for speedy dispute resolution. Parties may resort to commercial mediation to solve their issues before they become litigious. This ensures that possible problems are nipped in the bud before they start to strain the relationship.

How can commercial mediation work for you?
Considering the difficulties involved in undergoing commercial mediation at this time, be creative if they will access speedy dispute resolution. Thankfully, there are proven ways to still get the best out of mediation even during the COVID-19 outbreak.

Video and teleconferencing
Video conferencing is being mooted as one of the biggest winners in this coronavirus pandemic. This is because it has been able to proffer a viable alternative to physical meetings and workspaces.

Virtual meetings are cost-effective and potentially enable even better participation in mediation sessions. To get the best of the sessions though, it will be necessary for parties and the mediator to invest in sound video conferencing tools and systems. Conferencing applications such as Zoom and Zoho have particularly become very useful during this period.

While there are many benefits, the adoption of virtual mediation is not without its downsides though. Network strength/ technical difficulties, atmosphere for the witness, attention span, etc. are some difficulties that may be faced in the adoption of the technology.

Leveraging on technology
Leveraging on technology implies that most, if not all, of the mediation process, will be digital. Paperwork and other procedural matters will also be taken digitally.

Although courts have adopted the conferencing system, the courts only sit on essential cases. The odds of a commercial dispute falling within the set threshold is very limited. Besides, you can avoid the uncertainty of hearing and rigors of litigation by adopting Mediation.

Some of the technology that mediators and parties can leverage on during this time include conference calls, chat forums and the like. Artificial Intelligence may also provide new solutions for use within the mediation workspace.

A bit of socializing could also be done through the use of social media. Interactions may be facilitated amongst lawyers and mediators through social media. Webinars and professional training may also be conducted virtually.

We can help resolve your commercial disputes
At this difficult period, the recovery of businesses and individuals will depend on how fast they can react to challenges and chart a new roadmap for success. Doing this effectively will depend on having an easily accessible forum that ensures you and your partners are on the same page.

If you are interested in seeing how commercial mediation can work for your business at this time, please get in touch with us.

George Murphy
https://disputesolved.com/

If a patient has a billing dispute, believes he or she was harmed by medical malpractice or is otherwise involved in a dispute with a hospital, doctor or another healthcare provider, he or she and the healthcare provider may agree to mediation as an alternative to litigating the case.

During mediation, the mediator explains his or her important role as a neutral third party. He or she does not impose decisions on the parties. His or her only interest is in helping the parties open up communication and work together to solve a mutual problem.

The mediator lays the ground rules for mediation. Typically, each party then gives an opening statement about why the dispute arose. The mediator provides a cooperative environment that allows the parties to view the dispute from a different perspective. The parties may have had no opportunity to communicate about the underlying problem before mediation, so this process can be cathartic to the parties.

The mediator may keep the parties in the same room or may separate them in private caucuses. During private caucuses, the mediator may provide objective feedback about the claim and discuss how local courts have ruled in recent cases that involved similar fact patterns. He or she may also present different offers and counteroffers during these private sessions.

The mediator may also suggest the parties consider alternatives to litigation and may lead the parties to brainstorm possible ways to resolve the dispute without resorting to the courts. In this way, the parties can be an integral part of the solution and can reach agreements on their terms that are particularly suited to their own needs. Parties can determine the outcome and resolution of their legal issues through this process.

If you suspect abuse or neglect led to your loved one’s injuries, you may think that a prolonged lawsuit is the only way to seek justice for your loved one. You may even be apprehensive about pursuing another avenue for financial recovery. However, the civil legal system may not provide a timely response or the desired outcome, which is why many people ultimately turn to mediation to resolve these types of cases. 

Mediation is an alternative dispute resolution method that allows the opposing sides of a legal problem to work on finding a resolution together. They are led by a neutral mediator to identify their mutual interests. The mediator is often someone with subject matter expertise who is knowledgeable about nursing home neglect and abuse cases, such as a former judge, lawyer or social worker. He or she can give the parties honest feedback about how similar cases were decided in court so that they have a more realistic idea about the outlook of their case. During private caucuses, the mediator may discuss the strengths and weaknesses of their claim, as well as identify the common goals each party has, such as avoiding negative publicity, keeping the matter private or avoiding the uncertainty of a trial.

Litigation is often stressful for families. Mediation may allow the nursing home patient to have more say in correcting the action. It may also be the only way the victim will receive an apology and feel that the nursing home has taken full accountability for the action. 

Additionally, mediation often helps parties resolve the problem faster and usually without spending nearly as much money in legal fees. 

While it may be difficult to see your interests aligned with the nursing homes, reputable businesses will want to ensure that they are taking care of their residents and addressing your concerns in a professional manner.

When you live in close proximity to other people, disputes may sometimes arise. However, these common disputes do not need to need to disrupt your relationship with your neighbor. By choosing mediation to resolve your dispute, you can realize several benefits, including:

Subject Matter Expertise
With mediation, you and the other party can select the mediator. This is different than the typical litigation process in which a random judge or jury is assigned to the case. Therefore, you can select a mediator who has experience in real estate law or brokering agreements between neighbors.

Non-Adversarial Process
Mediation is ideal for cases in which the parties want to continue to enjoy a positive relationship with each other but are confronting a legal issue that is disrupting it. Mediation is a non-adversarial process. It is founded on the concept of cooperation and mutual respect. The mediator lays out the ground rules and the behavior that is expected during this process. If the parties are able to mutually communicate, they may be able to align their interests and work out a compromise without having to resort to the adversarial litigation process.

Time and Cost Savings
Mediation can be much more time- and cost-efficient than litigation. It can be scheduled much sooner before the parties are too committed to their opposing stances on a subject. They can also split the costs of mediation so that it is not a burden on either party.

Unique Resolutions
In mediation, the parties are free to reach an agreement based on their own terms. They may make any agreement that is legal.

Discrimination on the basis of sex, religion, family status, age, disability and other protected class characteristics is often illegal under employment, housing and other laws. When a private business is confronting allegations of discrimination, it is important that it considers cost-efficient alternatives to litigation like mediation. Here is what you can expect from this process.

Parties Involved
The parties or their representatives attend mediation. They may each have their own lawyer who represent their interests. An insurance representative may also be present. The mediation process is guided by the mediator, who is a third-party neutral who facilitates communication between the parties, explains the options available to them, helps them brainstorm solution and guides them toward an amicable settlement of the claim.

Where Mediation Is Conducted
Mediation is an informal process. Unlike litigation, it does not occur in a courtroom. It usually occurs in the mediator’s office or board room. Depending on the parties and the mediator’s style, the parties may be separated into separate caucuses where the mediator meets with each party one-on-one. The parties may also participate together during joint sessions.

The Process of Mediation
Mediation begins by the mediator giving a brief explanation of the mediation process and his or her role during it. The mediator describes that he or she has no authority to impose a judgment on the parties. Instead, he or she listens objectively to each side. The mediator may offer feedback during these exchanges, such as pointing out how similar decisions were decided in court pertaining to these issues. The mediator can also discuss statutory damages that the business may be responsible for if the court rules against it. The mediator may also exchange offers and counteroffers from the parties during these sessions. The mediator may also encourage the parties to brainstorm possible solutions. If the parties reach an agreement, the mediator draws up this written agreement and the parties sign it.

The coronavirus outbreak seemed at first to threaten the world with a standstill, but it has had to settle for less. Several governments have, in a bid to combat the coronavirus disease, enforced isolationist policies along with social-distancing restrictions and have prescribed hefty punishments for non-compliance. Human contact is being severely limited to such extent as is necessary to curb the spread of the disease.

But contact is vital to nearly every human endeavor and one cannot overstate the toll that these restrictions take. Essential human activity must continue to mitigate the ripple effects of this crisis on business, professional and individual lives; and most especially, our ability to deal with conflict and disputes. Courts already suffer just as much as other public services. In some countries, courts are closed; in others, the default position is that face-to-face hearing in courts will only happen where they are completely unavoidable. Whether good or bad, that generally puts things at when the crisis ends.

Since mediation and other alternative methods are known for their flexibility, there will most likely be an increase in case traffic to cater to both final hearings and new cases. The effect is that family mediation may soon be as busy as the family court. However, the important thing is that it remains easily manageable if that ever happens. Family mediation has been digitizing for a long time now. Written agreements, a hallmark of mediation, which used to require a lot of physical and strenuous work have been made easier through word processing.

Thanks to further and significant increases in internet capabilities, the movement to online mediation will be massive and easily conducted in the circumstances. Already, changes are being made to family mediation programs and practices, to accommodate and expand online access to justice. Canada, the UK, China, and The Netherlands are now well into the process of integrating online proceedings into their family justice systems.

For the families in question, these represent a mild change in fortunes. The readiness to resolve the impending caseload and mitigate the effects of the crisis may necessitate that disputes are heard faster and more expeditiously. It is also reasonably foreseeable that current fears andimpressions surrounding the present crisis will encourage parties to make more concessions and be more willing to resolve their disputes. Challenges and opportunities will evolve, going forward. It is unlikely, that mediators and participants will be forced to conduct their affairs online. There is also great promise for ease in respect of parties that are not comfortable being together in the same room and also where they are too far away to be physically present.

Mediating online, however, brings to light its own set of challenges, one cannot expect it to be the same as if it were physical. There is a seriousness factor if participants will be truly able to grasp the seriousness of the proceedings. But it has been humorously noted that no one has ever gotten a bloody nose online. In circumspect, if necessity is the mother of invention, the question should not be whether the coronavirus will negatively impact family mediation. It is simply necessary for the circumstances that it does not.

Sharon Bayus
http://innovativealternatives.org/

Fair housing is an important aspect of living in many communities. Because some populations have historically been the subject of discriminating tactics, there are severe penalties for fair housing violations. Here, we discuss common violations, potential penalties and how to avoid them.

Common Violations
Many fair housing violations have to do with treating families different from single people. For example, housing administrators cannot ask prospective clients about how many children a person has or if they are currently pregnant. Additionally, it may be a fair housing violation to make rules that restrict the actions of children but not other residents.

One of the most common fair housing violations is refusing to accept an application from a potential tenant for any reason other than not meeting the state qualification criteria. These criteria should be transparent.

Additionally, fair housing violations may include not providing reasonable accommodations to tenants, such as not allowing residents to have a service animal or ignoring a request for a handicap parking spot.
Housing organizations must take steps to properly train all staff on fair housing laws to ensure that no discrimination occurs. Providing ongoing training to keep staff informed of changes in the law or new understandings is important.

Penalties
Fair housing violations can include expensive fines that are tens of thousands of dollars per violation, payment of attorney fees for the discriminated tenant and punitive damages. Fair housing violations may involve hearing in front of the U.S. Department of Housing and Urban Development administrative law judge or the U.S. Department of Justice. Additionally, courts may issue injunctions if immediate action is required.

Methods of Resolution
These disputes can wind up in front of a civil judge or administrative law judge. However, parties may also agree to resolve these types of disputes in mediation for a faster and more affordable solution.