Why Families Choose Long-Term Care Mediation Instead of Litigation

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There are a variety of problems or disagreements that can arise when long-term care is being considered by a family. The family may need to decide on which facility is most appropriate for their loved ones, based on his or her abilities and access to loved ones. They may also need to decide on how to treat a family home or which assets to liquidate to pay for care. They may have disagreements about insurance coverage. While there are many different problems that can arise when considering long-term care options, mediation can successfully resolve many of them.

The mediation process is much different than in litigation. Litigation usually involves formal proceedings in front of a judge. There may be specific procedural rules regarding what evidence can be reviewed by the court and strict timelines that must be met. Litigation is a public forum in which the general public may hear the details involved in the case. Most importantly, it is an adversarial process in which the parties are pitted as enemies against each other.

In contrast, mediation is a private and confidential process. It is much less formal, and the parties do not necessarily have to adhere to evidence requirements. The parties are encouraged to work together, so this helps strengthen the family bond instead of severing it forever. Family members are able to craft their own solutions that reflect the unique situation involving their particular family, so they often feel like an integral part of the process and are more likely to comply with the agreement they help to achieve. Many families report that they have a higher degree of satisfaction than when the case is litigated.

Using Mediation when a Licensing Dispute Arises

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licensingLicensing a trademark or product is an effective way to expand the reach of a business without having to invest in the full operations behind the technology. In some instances, a case of infringement has resulted in a profitable licensing agreement. Nonetheless, problems may still arise after parties have agreed to a licensing agreement. In these situations, mediation can serve as an effective way to resolve the problem.

Licensing agreements are contracts between the company that wants to use the product or technology and the business that created it. Licensing agreements benefit both parties, so the parties usually have a vested interest in keeping the agreement in place. They may not want to lose a lucrative agreement that is providing them with an extra revenue stream. Mediation can help the parties work out a resolution that works for both of them.

One of the common problems associated with licensing agreements is that the terms may not be defined in a clear, unambiguous manner. The parties may disagree about the interpretation of what is being licensed and how it can be used. The owner of the intellectual property must take great efforts to define the permitted use and exploitation of the property. If a problem arises, mediation may help the parties understand their point of confusion. They may agree to modify the contract terms to avoid confusion in the future.

Another possible issue that can arise within a licensing agreement is compensation. The parties may encounter a problem in which the party licensing the property does not believe that he or she is receiving the proper amount of compensation. The parties may agree to implement oversight provisions to provide transparency regarding the use of the intellectual property and compensation.

Key Advantages of Mediating a Libel or Defamation Claim

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Libel or defamation cases arise when someone makes a negative, false statement about another person or business verbally or in writing. Mediation has been highly successful in the libel and defamation context for several reasons, including the following:

Limited Publicity

One of the most damaging aspects of a libel or defamation case is negative publicity. If the plaintiff wants to pursue the case, there is additional attention on what the negative statement is. Mediation is confidential, so there are no any unauthorized parties who will hear additional information. In litigation, there may be more exposure to the case, which can negatively impact the parties.

Opportunity to Correct Action

In litigation, the possible relief is usually very limited. A judge or jury may be empowered to award financial damages but may be unable to offer any other form of relief. In mediation, the parties may agree to a retraction, a positive review or some other action that improves the image of the plaintiff.

Cost Savings

Litigation is expensive. There may be a flurry of motions to try to dispose of the case or to reach an early resolution of it. However, these motions often involve substantial attorney time and may exponentially increase the cost of litigation. Mediation is much more affordable. The parties can save on attorneys’ fees if they are able to reach an agreement in mediation. They can also split the costs of the mediator.

Time Efficiency

Libel and defamation cases often take more than a year from the filing date to be heard. During this time, the aggrieved party may continue to suffer from the harm to his or her reputation. This may cause him or her to lose business from others or miss out on important opportunities.

Special Considerations in the Mediation of Cyber Security Cases

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Three Operations Engineers Solving Problem in a Monitoring Room.Cyber security cases can arise for a number of different reasons. These cases are often complex and involve special factors that must be considered by the parties and the mediator assigned to the claim. Some special considerations include the following:

Need for Confidentiality

When a cyber security matter is at issue, digital or confidential information may be involved. It is important that there are strict confidentiality provisions in the mediation agreement. These provisions can prevent the parties from later disclosing information discussed during mediation if the parties do not reach an agreement in mediation.

Mandatory Mediation Clauses

While arbitration clauses are relatively common, mediation clauses are rising in popularity. These clauses may be part of contracts between businesses or vendors and clients. These contracts may state that mediation is required before a case can proceed in court. It may also indicate the mediation agency that will be used or how a mediator will be selected.

Subject Matter Expertise

Data breaches and other cyber security matters are relatively new, so parties may want to use a mediator who has subject matter expertise in this realm. Mediators with backgrounds in cyber security, privacy, technology and litigation may be preferred over others with a general business background.

Lack of Legal Precedent

Many cyber security matters and related legal issues are novel. Taking the case to court may result in establishing a negative precedent that can negatively impact the business in future cases. Rather than risking this possibility, the parties may agree to be bound by the terms of mediation to keep the court from being able to make a decision that impacts them for years to come.