Using Mediation in Premises Liability Disputes
Premises liability cases can be some of the most hotly contested disputes in existence. Those involved are asked to defend their right to compensation because of an injury against someone defending the safety and function of his or her property. These are very personal issues and all too often, the personal side of the dispute interferes with everyone’s ability to view the issue reasonably and negotiate in good faith.
It is the personal aspect of premises liability disputes that makes mediation so effective for resolving the matter. Mediation provides a forum in which personal facets of a dispute can be addressed – far more so than they ever would be in a courtroom. Skilled mediators have the ability to take two sides of a dispute that seem far from a resolution together to examine the issue and eventually reach a compromise. Often, addressing the personal issues of a dispute is the best way to move negotiations forward. People feel understood and acknowledged when emotional issues are addressed and that makes them better able and willing to negotiate.
Premises liability disputes can vary a great deal in the details. Injuries can be minor or severe, so it is important to address each instance on a case by case basis. This can be tough in the courtroom, where resources are limited. Laws are applied across the board and the flexibility that could bring a case to a successful conclusion that makes everyone happy is just not an option. Litigation can result in everyone involved in a premises liability dispute walking away unhappy with the outcome.
Mutual satisfaction is guaranteed in a successful mediation. As a matter of fact, mediation requires both parties agree on a resolution and if this is impossible, they move onto another option. Mediation is ideal for premises liability disputes and there are no instances in which someone walks away from mediation unhappy, unless they allow this to happen.
August 3, 2015
How a foreclosure becomes a vacancy: The House Next Door – When a foreclosure notice hits, many homeowners abandon their homes.
Even as mortgage closing costs drop, you’d better shop around – The average total cost a borrower pays to close on a home loan has dropped slightly, an exclusive Bankrate.com survey finds.
Greece debt crisis: Athens stock market ends 16% lower as manufacturing plunges – as it happened – The Greek stock market ended 16.23% lower, its worst daily performance since 1985 when modern records began, with banking shares inevitably the main fallers. There were only nine gainers, including furniture maker Dromeas which gained around 29% after announcing – somewhat ironically given Greece’s problems with the EU – that it had wond a €30m deal to supply European Commission offices.
July 30, 2015
What every contractor needs to know about mediation – A generation ago, mediation of construction disputes was unusual. Today, it is rare that a construction claim goes to trial without some effort at mediation first. Indeed, a substantial percentage of construction contracts require mediation as a precondition to filing suit or demanded arbitration.
10 Common Mistakes People Make In Divorce (And How To Avoid Them) – The stakes are high in a divorce. From divvying up assets to determining child custody arrangements, there’s a lot on the line during the legal process — and a lot of ways to screw it up.
Average US rate on 30-year mortgage falls to 3.98 percent; 15-year rate down to 3.17 percent – Average long-term U.S. mortgage rates fell for a second straight week, with the key 30-year rate slipping below 4 percent.
July 27, 2015
Student loan debt is not hurting America’s housing market – Rising tuition costs may be a problem, but not for the housing market.
Fitch: U.S. Consumer Bankruptcies Set to Fall to Eight-Year Low – Continuing momentum in the overall economy is positioning U.S. personal bankruptcy filings to fall to levels not seen in nearly eight years, according to Fitch Ratings in a new report.
Average US rate on 30-year mortgage falls to 4.04 percent – Average long-term U.S. mortgage rates fell this week, retreating from highs for the year and amplifying the incentive for prospective home buyers.
July 23, 2015
Mediation ruled first step in cyber coverage case – Policyholders scored a victory in a closely-watched cyber coverage case, in which a U.S federal court in Los Angeles dismissed a case filed by an insurer seeking to deny coverage.
10 Ways Divorce Changes Your Parenting — For The Better – You don’t know how strong and capable you are as a parent until you’re forced to raise your kids on your own. Whether you have full or shared custody, parenting after divorce is a tough road to walk.
How a Good Government Can Beat Bad Debt – It’s not the size of the debt that counts. It’s the ability to manage it
Steven A. Certilman
