Resolving Neighbor Disputes through Mediation

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BLD042297When a legal dispute arises with a neighbor, some people will rush into the process of litigation to defend their rights. However, this nuclear option may not be the strategy best suited for this situation. Litigation can often be time-consuming and expensive. Additionally, it can result in destroyed relationships. These characteristics make it an unappealing option for individuals who live near each other and see each other every day.

A more amicable option to resolve neighbor disputes is through mediation. This process involves the help of a third party neutral who tries to get the parties to resolve their dispute on their own terms. Mediators are specially trained in conflict resolution, and they put these skills to use to help bridge communication gaps between parties and to encourage collaboration. Mediators ask neighbors to be an important component of the resolution.

In litigation, the usual remedy is money damages. However, neighbors may have disputes about situations in which money damages may not be the most appropriate form of relief. For example, neighbors may have disagreements about boundary lines, water use, shared utilities, shared walls, noise, disturbances or other issues of a similar nature. Mediation can help solve these conflicts. Furthermore, it can do so in a way that allows the neighbors’ relationship to remain intact.

Mediation allows disputing parties to discuss their disagreements in a structured way. The mediator encourages dialogue between the parties. He or she talks to the parties and determines their interests, which may include something about the actual matter in dispute, as well as other goals, such as preserving a good relationship or avoiding the expense and frustration of a trial. The mediator may ask the parties to brainstorm possible solutions in an attempt to settle the dispute. Often, these ideas form the basis for a resolution of the matter.

 

Unique Outcomes in Toxic Tort Mediation

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Personal Injury LawToxic tort cases are often highly complex and may involve multiple parties and jurisdiction.  These characteristics require the application of multiple approaches, often involving a combination of joint sessions and private caucuses to secure a favorable outcome.  If the parties are able to compromise and consider each other’s positions, they may be able to craft unique outcomes, such as:

Development of Cleanup Plans

Environmental consultants may help the parties determine the scope and manner of the cleanup so that the parties can have a hand-tailored resolution for their toxic tort case.  A mediator can help the parties allocate responsibilities between them so that all responsible parties are part of the resolution.  The parties may separately determine how responsible each party is for the spill or pollution and then go back and forth between the parties to adjust these figures.

Purchase of Property

In some instances, the responsible party may agree to re-purchase contaminated property from the plaintiff.  This unique approach allows the parties to rewind time so that they can go back to the positions that they had before any transaction occurred between them.  This may allow the defendant to correct the environmental issue.  This allows the seller to invest funds in resolving the environmental issue while also allowing the buyer to recuperate his or her investment.

Modified Agreement

The parties may ultimately agree to modify a contract that they had or to alter a regulation.  A regulatory agency and a party involved in a dispute may agree to a joint study to determine if the current regulation is based on sound scientific principles and to give them an opportunity to adjust.  This approach may allow the parties to maintain a relationship with each other, to keep a contract in place and to conclude their business together without fear of litigation.

Overview of Wrongful Death Mediation

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Mourning Woman at Funeral with coffinMediation is an important part of the litigation process and can actually help lead to an agreed-upon settlement so that the case is more quickly resolved.  It can also be a more personal experience that allows loved ones to honor the decedent and approach the case from a point of dignity and compassion.

Purpose of Mediation

Mediation is a form of alternative dispute resolution that is designed to help the parties settle their case to avoid the negative consequences of litigation.  The parties also have the opportunity to preview likely issues that may arise at trial.  This process often provides clarity to parties in dispute.

Benefits of Wrongful Death Mediation

There are numerous benefits to wrongful death mediation.  Mediation allows the parties to relate to each other on a personal level.  When insurance companies or other defendants deal with claims, these are often assigned numbers and treated as paperwork to handle.  The mediation brings parties face to face, giving a real sense of what the case is about.  Mediation also allows the parties to talk to each other.  The defendant can come to understand the important role the decedent played.  Additionally, the plaintiff can hear how sorry the defendant is and how he or she has taken steps to avoid future accidents.

Additionally, mediation can help resolve the case more quickly.  Plaintiffs in these types of cases often become

Parties at Mediation

Mediation is much different than litigation.  There are only a few people who will be present at mediation, including:

  • The parties involved in the dispute
  • The mediator – This individual is a third party neutral whose job is to help you resolve your case without further involvement with the court.
  • Insurance company representative – If insurance is involved, an insurance company representative will be present to authorize a settlement.
  • Attorneys – The plaintiff and defendant may have their attorneys present who can explain their client’s rights to him or her.

Settlement of Wrongful Death Cases through Mediation

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Mediation is an effective tool to choose for an amicable resolution of a wrongful death case. This process helps to keep the process confidential and keep it out of the courtroom. It can help the parties reach a settlement that is fair to both sides. Some important concepts to understand about this process includes:

Different Evaluation Methods

In wrongful death mediation, there may be different numbers related to the settlement value of the case, such as:
• Gross value
• Net value
• Subrogated payments
• Costs
• Medical expenses
• Legal fees

It is important for a wrongful death plaintiff to understand how his or her settlement award will be applied. Medical providers may have liens for the expenses the decedent incurred immediately before passing away. The most important figure is the net amount since this is the amount that the wrongful death plaintiff walks away with after all other payments have been applied and all other costs are paid.

Challenges to the Damages Amount

In a wrongful death case, the plaintiff must show that the defendant’s negligence caused the decedent’s death. In mediation, the defendant or his or her insurance company may acknowledge fault, but he or she may try to challenge the amount of damages. Damages represent the money amounts that the defendant is responsible for. These may include medical expenses, burial expenses, lost earnings and lost services. Wrongful death plaintiffs may feel offended by these types of challenges because the decedent meant so much to them. However, this is part of the process and a way that the defendant will try to reduce the amount of the final settlement award. This award will likely be less than the plaintiff expected under the circumstances. However, it will be more than the plaintiff would receive if the jury found the defendant not at-fault.