March 27, 2015

Posted on by

Five Strategies to Get a Better Deal in Mediation – Tilt the process in your favor in a divorce or a dispute with a broker or business partner

10 Lessons I’ve Learned About Marriage From Divorce – Having a successful marriage is all about the choices we make every minute of every day. Marriages fail when spouses make poor choices as to how they are going to treat each other.

Getting A Mortgage After Bankruptcy And Foreclosure – If it’s the American Dream to own a home, it’s the American Nightmare to file for bankruptcy. In the late Aughties (that’s the 2000s) the U.S. housing market collapsed and the economy began its freefall; by the time the economy struck bottom in March 2009 more than 1.2 million parties had filed for bankruptcy in the previous 12 months. By March 2010 that figure had shot up to 1.5 million. Blame job loss – unemployment peaked at 10% in October 2009 – as well as divorce and medical expenses. From 2008 through 2013 total foreclosures reached 17.9 million.

March 19, 2015

Posted on by

March is ‘divorce month:’ Here’s the reason why – It’s not that things get out of hand on St. Patrick’s Day, sending couples straight to the courthouse. Rather, the process seems to be more deliberate, at least in one firm’s experience.

U.S. Foreclosure Activity at Lowest Levels Since 2006 – According to RealtyTrac’s U.S. Foreclosure Market Report for February 2015, foreclosure filings — default notices, scheduled auctions and bank repossessions — were reported on 101,938 U.S. properties in February, a decrease of 4 percent from revised January numbers and down 9 percent from a year ago to the lowest level since July 2006. The report also shows a U.S. foreclosure rate of one in every 1,295 housing units with a foreclosure filing in February.

Average 30-year mortgage rate falls to 3.78% – Average long-term U.S. mortgage rates fell this week, remaining near historically low levels at the start of the spring home-buying season.

How Mediation Can Help Resolve Food and Drug Cases

Posted on by

Food and drug mediation is used when a person is injured or made ill by a medication or food.  Since the FDA is in charge with protecting the population from dangerous foods and drugs, the two are handled in a similar legal manner.  Additionally, food and drug mediation can be used to settle issues related to dietary supplements, weight loss products, vitamins, etc.

The reason mediation is so successful when it comes to settling disputes of this type is because it addresses both the fiduciary and emotional aspects of a case.  Mediation sessions give those affected by faulty foods or drugs the opportunity to share their story.  They also play an important role in settling their case.  There are also benefits for the food and drug manufacturers involved in these cases – the information discussed during mediation remains private, so there is no worry of a public relations nightmare unfolding in the public eye.  Everyone involved is able to confidentially negotiate a fair settlement without public scrutiny or interference from the court system.

Image courtesy of iosphere / freedigitalphotos.net

Image courtesy of iosphere / freedigitalphotos.net

Mediation brings closure to food and drug disputes as efficiently as possible.  It takes less time to reach a settlement because there is no lengthy discovery process, no motions are filed, and there is no need for a judge or jury to take days or weeks to examine evidence.  Whatever is needed to settle a dispute is brought to the mediation session and rarely do sessions extend beyond a single day.  This saves both parties money and allows them to resolve their dispute and return to their lives as quickly as possible.

Perhaps most importantly, at least for the party that had a negative experience with the food or drug in question, mediation provides an opportunity to share his or her story.  In a controlled environment, the affected party is able to tell his or her story.  Often, this cathartic experience is necessary to open the door to a fair resolution.

Settle Computer & Software Disputes Faster and Cheaper with ADR

Posted on by
Image courtesy of adamr / freedigitalphotos.net

Image courtesy of adamr / freedigitalphotos.net

Alternative forms of dispute resolution are extremely effective for settling issues related to computers and software. These types of business disputes can be extremely complex. Mediation and arbitration make it easier to get to the heart of the dispute and find a resolution that works for everyone involved.

How Do You Know Your Case is Right for Mediation or Arbitration?

  • Are you looking for an unorthodox resolution to a complex dispute, so the one-size-fits-all formula of litigation will likely not resolve the issue completely?
  • Have you attempted to settle the issue “on your own” and gotten nowhere?
  • Do you want to avoid the expense and distraction of taking the dispute to court?
  • Does the dispute relate to fraud, intellectual property, or contractual issues?
  • Would you prefer oversight from an expert in a particular field?

If you answered yes to one or more of these questions, ADR could be the right tool to help you settle your dispute.

What ADR Options are Available for Settling Disputes Related to Software and Computers?

  • Mediation: This puts the disputing parties in complete control of negotiations and the outcome of the dispute. Mediation is not successful unless both sides of a dispute agree to a settlement.
  • Arbitration: Is just as informal as mediation, but utilizes a neutral third-party to determine the outcome of the dispute. In mediation the third party facilitates discussion; in arbitration that third party is the decision maker.

To determine whether arbitration or mediation would be better for settling your dispute, consider the role you want the neutral third-party to play in the process. Also think about whether he or she needs specific qualifications or expertise (especially important in disputes related to software and computer issues), and determine whether you want to be bound by the outcome. In mediation, you have final say in the matter, but in arbitration, you must abide by the decision of the mediator.

Settling disputes related to computers and software does not need to be the hassle it is when litigation is used. By exploring alternative dispute resolution methods, you are opening the door to an efficient, cost-effective, and mutually beneficial outcome.

Using Mediation to Settle Alimony Issues in Divorce

Posted on by

Image courtesy of David Castillo Dominici / freedigitalphotos.net

Alimony, known as spousal support in some states, is one of the most hotly contested issues in a divorce.  Mediation can be an effective tool for settling disputes related to alimony.  When a divorcing couple is unable to settle on an arrangement that is fair, mediation can bring them together in a controlled environment to discuss the issues.

In most states, alimony that is determined by the courts is based on a standard set of guidelines.  Additionally, many states now allow for only temporary alimony, which is intended to assist one spouse in working toward self-sufficiency following a divorce.  Despite the guidelines that are in place for determining alimony, some couples still face challenges when settling on an amount and duration for payments.

Since alimony is also contingent on other factors, such as distribution of property and responsibilities for children and the home, it can be difficult for couples to reach a settlement they both believe to be fair.  It is these intangible issues that are often discussed in detail during mediation.  The mediator’s role is to help each spouse understand one another’s role during the marriage and how that affects the arrangement going forward.  The goal of mediation in alimony disputes is to avoid the vindictive nature that can arise during litigation and focus on creating an arrangement that makes sense and works for everyone involved.

Guiding clients toward mediation can be a challenge because there are so many emotions involved in divorce.  They might be fearful they will miss out or be taken advantage of if they attempt a compromise.  Once they understand that mediation gives them complete control over the outcome – more so than they would have in litigation – they are often willing to give mediation a try.  Ultimately, it is the best tool available to help them achieve their goals.