Benefits of Using ADR to Establish Paternity

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While it may not appear so, paternity can be a complex topic. Generally, the courts will look to certain actions to determine a child’s legal parent, which can make matters complicated.

For example, courts will look to determine if a father has signed the birth certificate or completed an acknowledgment of paternity. However, this can be a complicated process as many states permit a father to contest paternity even after signing a form of this nature. However, the court often requires a specific type of paternity test to be completed before it will disavow someone as the father. This often includes ordering a paternity test in court and having the results clarify the situation.

In some instances, a person who is not the biological father of a child may contest paternity and may still be required to support the child even if it is determined he is not the child’s biological father. This can be due to a married father being presumed to be the father, a father not having enough evidence to refute such a presumption or because of state laws that limit the amount of time a father has to contest paternity.

Rather than dealing with these legal complications, some parties use alternative dispute resolution to verify paternity. ADR often provides a more private experience so that the party’s interactions and grievances do not have to be aired out in court. Additionally, ADR tends to be less contentious and hostile than many family law cases that are contested. By using this process to establish paternity, the groundwork is laid for an amicable process to determine other rights, such as custody or visitation.

April 7, 2016

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The Role of a Mediator in Unfair Competition Cases

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Allegations of unfair competition arise when competitors believe that they are subject to disadvantages that their counterparts are not subjected to. Other cases can arise when one competitor believes another intentionally took steps to harm it so that it would not be able to compete on the same level. In order to avoid the negative publicity of an unfair competition claim, some competitors may agree to mediate their claims.

The mediator plays a special role in such cases. His or her experience in commercial law or related cases can serve as an important role to assess the relative strengths and weaknesses of a case. This neutrality coupled with experience can help the parties realize the potential risks of proceeding with litigation and the advantages of using mediation to settle the dispute.

The mediator also helps to facilitate communication between the parties. Sometimes in such cases, the parties may be so at odds that they may not be able to have any type of peaceful conversation. The mediator can separate the parties and talk to each party one on one. This tactic allows the parties to fully express their side of the story, as well as to comment on what they believe to be the strengths of the case. The mediator can use this information to become better informed of the case and its likely outcome. At the same time, the mediator only shares information that the party says is fine to share with the other party, maintaining confidentiality when it is needed or giving the other side a glimpse into damaging evidence when warranted.

The mediator can also help the parties come up with potential solutions to their problems. He or she may deliver creative ideas that can get the parties to tailor a solution based on their particular business interests.