Importance of Using Mediation in a Professional Liability Case

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When a person has a legal dispute with a profession who he or she hired and the dispute is regarding the professional’s job performance, a professional liability case may arise. This may occur when a lawyer loses a case for a client, an accountant makes an error on a financial form or an architect’s plans for a building do not encapsulate necessary safety features, as a few examples. When problems of this nature arise, the professional’s reputation and livelihood are at stake.

Dissatisfied clients may wish to pursue action against the professional’s license. However, this approach may not provide the results that will best serve their interests or the professionals’ interests. Through ADR, clients and the professionals whom they hire are often able to work together as a team to reach a solution that is tailored to meet their interests.

Mediation is a confidential process, so this allows the client and professional to speak more candidly without being afraid that their words will be used against them at a later proceeding. Often in professional liability cases, the underlying problem is the result of a miscommunication. Mediation allows the parties to talk through their problem to see how it arose and what contributed to it. Then, they can work together toward a resolution.

Mediation provides benefits to both parties and since it is based on collaboration, the parties are often able to maintain a relationship after a resolution is reached. Additionally, the parties are usually able to reach a solution faster than if they pursue their claim through another channel. This can allow the professional to proceed without worrying about his or her professional standing and for the client to be able to move forward. Additionally, the agreement that is reached is tailored to the specifics of the case and the parties’ interests, providing a more customized approach.

Effective Co-Parenting Techniques

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Going through a divorce is most difficult for the children. Conscientious parents who want what is best for them may take strides toward achieving a positive co-parenting relationship for the sake of their children. Some ways that parents can make the most of this difficult transition include the following:

Handle Difficult Emotions

Divorce can make a number of complex emotions to build up, including anger, sadness, grief, betrayal and fear. These feelings can emerge in the parents and their children. It is important that all parties be able to effectively communicate these emotions in order to work through them. Talking through these emotions honestly can often help aid families. The family may decide to talk through this information during mediation or in counseling. Once the parties are able to acknowledge these difficult emotions, they can discover ways on how to manage them.

Get on the Same Page

One of the most effective ways for parents to co-parent is to work together on a mutual agreement. Such an agreement can take into consideration several factors that can affect the family’s lives. This may include discussing how to handle living arrangements while a divorce action is pending, how holidays will be celebrated, how support will be allocated and other important issues and resolutions for short-term and long-term consideration. A mediator can help parents come up with an agreement that works best for all members of the family. Once these important decisions are decided, the parents can mutually communicate this plan to their children.

Help Each Other

Through the course of divorce and making the parenting plan, each spouse should strive to find ways to help the other. For example, the agreement can include a provision that takes into consideration the timing of when parents get out of work so that complying with the agreement does not pose a hardship. It can also include a provision that provides for a parent who has always participated in a certain extracurricular activity to remain active in this capacity. By helping each other, parents show that they can work together and depend on each other.

June 7, 2016

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How to Divide a House When You’re Getting a Divorce – It happens: Marriages fall apart. And as if dissolving your union weren’t hard enough, if you own a home together — almost certainly your largest joint asset — you’ll also have to decide what to do with it. Do you stay, sell, or hand ownership to your ex?

Mortgage rates for Tuesday, June 7 – Mortgage rates are mixed today. The average rate on 30-year fixed mortgages rose, the average rate on 15-year mortgages fell and the average rate on 5/1 ARMs fell.

How Many Americans Have Gone Through Foreclosure? – “The foreclosure crisis is largely behind us, although still certainly lingering in certain pockets,” Blomquist said. “Unfortunately, we are already seeing signs of another housing bubble in certain markets, so people should continue to be cautiously optimistic when it comes to the housing market.”

May 23, 2016

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How to Prepare for Mediation – People ask how I succeed in getting so many mediation agreements. Frankly, I don’t gage the success of a mediation based on getting an agreement. Still, I think most of my clients walk away with an agreement because they want to. People who choose to mediate (with a mediator who isn’t an attorney) are dedicated to resolving their differences peacefully without lawyers.

​How to determine the value of intellectual property in divorce cases – With approximately 50 percent of all U.S. (first or second) marriages ending in divorce, the proper identification and allocation of all marital assets is critical to the post-divorce well-being of both spouses.

RealtyTrac: Foreclosure Starts Decreased 15% Year Over Year In April – Foreclosure starts decreased 15% in April compared with April 2015, according to RealtyTrac’s U.S. Foreclosure Market Report.

Family Law Issues Facing the LGBT Community

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While the United States Supreme Court legalized gay marriage across the country recently in 2015, many states have recognized this union in some form for many more years.  This allowed different jurisdictions to recognize a relationship in one area but not in another area.  While this has changed, the LGBT community still faces a number of complex family law issues.

In some cases, court clerks and religious leaders have refused to grant marriages to same-sex couples or provide them with a marriage certificate.  Some jurisdictions have established local ordinances to provide specific punishments to individuals who refuse to obey the law.  New legislation is also being considered to help tackle these issues.

Another legal issue plaguing the LGBT community is regarding their parental rights.  Since same-sex couples cannot have children in the traditional sense, many couples make alternative arrangements.  This often results in one parent being the known, biological parent.  Some states still have laws on the books that only allow a child to have one natural father and one natural mother, potentially leaving the other parent with no rights.

For many years, LGBT individuals cohabited without having legal recognition of their relationship status.  Many still continue to live together without being married.  In the event that the relationship dissolves, LGBT individuals may find that their property is at risk as courts are generally unwilling to use divorce processes in determining the identity of a couple’s property and its owner.

Rather than keeping themselves in these precarious legal positions, many LGBT individuals seek the assistance of lawyers.  These types of issues can often be resolved through mediation in which the parties leave the mediation session with an enforceable agreement.  Mediation focuses on providing the parties with an opportunity to cooperate and customize an agreement that is matched to their particular needs.

Changes that May Justify a Child Support Modification

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Like most court orders pertaining to children, child support orders can be modified when the circumstances call for it.  Some of the common reasons why a child support order may need to be changed include:

Income Has Changed

Child support calculations often take both parents income into consideration when determining the proper amount of child support to be paid.  Therefore, if either income changes, a child support modification may be desired.  If a supporting parent loses a job or has reduced hours, he or she may ask for a reduction in child support.  The parent is obligated to continue paying support until a modification is ordered.  Modifications may be temporary or permanent in nature.

Expenses Have Changed

Child support can also be based on the child’s anticipated expenses.  If the child’s expenses go up because he or she becomes disabled, has expensive extracurricular activities or has increased educational expenses, the receiving parent may ask for an adjustment in the child support amount.

Supporting Parent Has Additional Obligations

A supporting parent may start a new family and have additional children to support from within his or her own household.  Child support can often be modified if circumstances change that justify this modification.

Supporting Parent Has a Disability

A supporting parent may ask for a modification in child support if he or she suffers an injury or develops an illness that prevents him or her from working.

If both parents agree to the proposed modification, they can submit the agreement to the court to be converted into a new order.  They may be able to reach a new agreement through the assistance of mediation.  If the parties cannot reach an agreement regarding a proposed modification, the party wanting the change will have to file a motion with the court asking for the modification.