Employment Issues: What You Need to Understand About Employment Mediation

Posted on by

Angry boss

When a dispute between the business and employee arises, common results include termination or in these employment conflicts, it is vital to resolve the matter outside of the courts due to the potential liability issues involved in the case. Employees may assert a claim for wrongful termination or an invalid demotion that can potentially damage the reputation of the business and disrupt the workforce. With the help of an employment mediator, employers and employees may be able to resolve these legal issues in a more efficient and private manner. Here are the essential details that you should understand about this process.

The Role of the Employment Mediator

Mediators usually have experience in the subject matter involved in the conflict. The parties can select a mediator in their area based on their knowledge and expertise in certain practice areas. Often, mediators have a background in business, counseling, social welfare or the legal profession… The employment mediator does not decide the outcome of the case. Instead, his or her role is to help the parties reach a mutually satisfactory resolution of their case. He or she will ask the important questions to discover what common interests exist between the employee and company. He or she is an unbiased professional who will help the parties have a better understanding of their legal position and of the possible outcomes. The mediator will remain objective and assist to mutually resolve the legal conflict.

Benefits of the Employment Mediation Process

The mediator can help discuss the possible resolutions in employment disputes. The parties are not constricted in mediation to the possible outcomes in litigation. Developing creative and new solutions is one possible benefit of participating in the mediation process.  The two parties can keep control over the process and have an unbiased third party listen. Mediation can also help the employer and worker find a quick and beneficial resolution that will not disrupt company interactions. Through open communication, the two parties can reach an agreement that they are both willing to accept.

May 10, 2019

Posted on by

The unique impacts of divorce on business owners – It’s no secret that divorce disrupts not just family and personal life, but also financial stability. In the case of small business owners, these effects are often felt even more acutely.

Trade tensions push mortgage rates lower for second week in a row – Concerns about the U.S.-China trade feud pushed mortgage rates lower this week.

What’s The Difference Between A Short Sale And A Foreclosure? – At first glance, a foreclosure and a short sale can seem similar. After all, they both occur when you’re having trouble covering the costs of owning your home. However, if you’re facing one of these two scenarios, you need to know that some important differences exist between them. I’ve laid them out below. Keep reading to learn how they both work and what those differences could mean for you.

Why Aviation Mediation is Chosen Over Aviation Litigation

Posted on by

Disputes regarding aviation often arise between a person and an insurance company that has limits on what compensation is available for settlements. The carrier may try to force the victim of an aviation accident to take the matter to the courts. In these situations, it is often better to resolve the matter through mediation. This process is cost effective, reduces the time to settle and can help both sides compromise to reach a beneficial outcome.

Mediation with the insurance company may happen through a settlement conference with a mediation professional, such as a former judge or lawyer. However, business people, insurance adjusters or aviation experts may also serve in the role as the mediator. The parties can select the mediator who they believe is best equipped to understand the legal and practical issues involved in the dispute. The process is informal, so the parties can choose the time and date to meet. After an accident in the air, the injured party may want to openly discuss the matter and use a comfortable location rather than a courtroom. The mediation process provides open and continued communication and an unbiased third party to oversee it.

Within the private conference or meeting room, the two parties can discuss the conflict and determine how to resolve the matter with a compromise on both sides. By working together, it is possible to avoid litigation and seek a mutually beneficial resolution. The mediator can often educate the parties on the legal issues involved in the dispute. Evidence of the injuries and damages can increase the insurance company’s awareness and assessment of the case.  At the conclusion of mediation, the parties will sign an agreement that states the terms of their settlement if they reached one.

Top Reasons to Consider Mediating Your Medical Malpractice Case

Posted on by

A claim for medical malpractice arises when a patient is injured because a healthcare provider’s care fell below the accepted standard of care. Many of these cases are litigated, but some may be mediated. People turn to the mediation process for the following reasons:

Opportunity for Improved Communication 

In many malpractice claims, an underlying problem is a feeling of betrayal or mistrust. A patient may not have an understanding of what went wrong because the medical provider may be instructed not to provide any information after a medical malpractice claim arise. Mediation allows the parties to speak personally to each other without legal advisors blocking their communication. This allows the physician an opportunity to explain factors that affected the situation, unknown medical information or other unexpected surprises. Once the parties are able to relate to each other on a more human level, they are often able to reach a fair settlement.

Cost Savings

Medical malpractice cases are often very expensive to litigate. They usually rely on medical expert testimony and these experts may charge exorbitant rates to provide court appearances, report and other litigation support. The cases also involve extensive investigations and the review of thousands of medical documents. All of this makes medical malpractice cases very expensive. Parties can avoid many of these costs by going through the mediation process. The parties can split the costs of a mediator and quickly resolve their case.

Time Savings

Due to the complexities involved in medical malpractice cases, these cases often take years to resolve, and that is before any possible appeal. Mediation can resolve a case in a matter of days once the mediation schedule is set.

Confidentiality

A medical provider may not want others to know about a mistake he or she made. Patients may not want to worry about their medical records being publicly known. Mediation is a confidential process, so it can provide important privacy to the participants.

Families in Dispute: What You Need to Know About Elder Care Mediation

Posted on by

Depositphotos_185049012_s-2019When a loved one is getting older and facing important decisions during the next transition in life, it is not uncommon for concerned family members to disagree about the next steps. In some situations, these disagreements can deteriorate into time-consuming, expensive and acrimonious legal battles. Having an objective professional get involved early in the process may be able to prevent or stop these battles. Below, learn more about the elder care mediation process and how it may benefit you and your family.

Role of the Mediator

A mediator is a person with a background in the areas discussed. This may be a lawyer, but very often it may be a counselor, social worker, businessperson, health care professional or other person familiar with elder care matters. The mediator asks appropriate questions and tries to find common grounds between the parties in an attempt to resolve the legal matter. The mediator does not impose any decision on the parties; the process is completely voluntary, and the parties only sign an agreement if they reach one. The mediator is objective and does not represent any party’s interests.

Benefits of the Mediation Process

Mediators can help the parties consider new options about how they can personally solve the problem they are confronting. This can help the parties develop creative solutions to their problem without judicial intervention. The parties get to maintain control over the situation instead of having a judge unfamiliar with the family imposing decisions on the parties. Additionally, mediation can provide an early resolution to problems to prevent disruption of the family unit. The parties work together to attack the problem instead of attacking each other through litigation. If the parties are able to reach an agreement, they can avoid a costly legal battle.