Professional Malpractice Mediation and U.S. Statistics for Malpractice Claims

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The July/August issue of Law Practice magazine (Volume 36, Number 4) ran an article entitled “Are You At Risk?  The Biggest Malpractice Claims Risks and How to Avoid Them,” showing the most common types of malpractice claims in both Canada and the United States.  Among these, the ten top-ranking malpractice claims related to the practice of law in the United States are as follows:

  1. Failure to Know/Apply Law                          11.3% of U.S.  malpractice claims
  2. Planning Error                                                    8.9% of U.S.  malpractice claims
  3. Inadequate Discovery/Investigation       8.8% of U.S.  malpractice claims
  4. Failure to File Documents                             8.6% of U.S.  malpractice claims
  5. Failure to Calendar                                          6.7% of U.S.  malpractice claims
  6. Failure to Know Deadline                             6.6% of U.S.  malpractice claims
  7. Procrastination                                                 5.9% of U.S.  malpractice claims
  8. Failure to Obtain Client Consent                                5.4% of U.S.  malpractice claims
  9. Conflict of Interest                                          5.3% of U.S.  malpractice claims
  10. Fraud                                                                    5.0% of U.S.  malpractice claims

Despite the prevalence of these top ten malpractice claims, professional malpractice mediation has been shown to have a significant effect on reducing costs related to professional malpractice lawsuits.  Additionally, mediating these types of disputes helps to lower the reputational costs of a law practice associated with litigation in these areas.  This means that in addition to saving time and money by mediating the claim rather than litigating it, attorneys can also save the reputation of their practice by mediating such claims.

The reason for this is that mediation is a confidential process, as opposed to the very public process of going to court and going through the process of litigation.  When a case is mediated, the specifics (and even the claim, itself) is kept between the parties involved in the dispute and the mediator, who remains a neutral, third-party facilitator to the process of working out a satisfactory resolution and remedy to the conflict.

Equitable Distribution Mediation—Your Life, Your Choice

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Equitable asset distribution in a divorce doesn’t have to be a battle of wills.  In fact, in asset distribution mediation, it’s possible for divorcing couples to equitably divide the marital property and savings in a way that keeps resentment and tension related to a divorce to a minimum.  For many wise and thrifty couples, it’s the only way to handle things.  The best part is that it saves time and money in the process of finalizing a divorce.

Many of the questions and concerns about property and divorce—particularly, who gets what and why—are due to inexperience with the situation and a lack of knowledge of the way things are handled traditionally in the justice system.  Beyond this, couples who are aware of situations that arose when their friends or family members divorced know first-hand how easily the situation can degrade and lead to a total loss of family savings and dignity.

This knowledge has prompted the need for a cost-effective divorce mediation process to divide property and savings while reaching an equitable and dignified divorce settlement.  When a couple chooses to litigate a divorce, the fate of all of the assets and property they have worked so hard to purchase will be in the hands of a judge who does not know the whole story and cannot make a fair decision due to that lack of knowledge.  Put simply: When a stranger decides your future and the future of your divorcing spouse, there is much uncertainty involved.  Why would anyone invite that kind of uncertainty?

In equitable distribution mediation, you and your spouse are the only ones who can determine the way you want your assets divided.  Since you earned the money together, and built the life you had together, it only makes sense that the power of this decision be placed in your own hands.  A skilled mediator can assist with facilitating the discussion and paperwork, but ultimately, it is your life—and your choice.

June 30, 2014

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Mediation: A Different Kind of Conversation – Before beginning a mediation, the mediator (or one of the two mediators, since mediations often include co-mediators) will describe mediation to the parties. Instructors sometimes called this an opening “conversation” rather than an opening “statement,” because parties can and sometimes do begin talking substance before the mediator has concluded, and that can be perfectly acceptable. The objective of the opening statement is to let the parties know a number of things about the mediation process and some of its underlying values.

5 Tips to Liberate Yourself From Credit Card Debt – For most of us, the Fourth of July is a time to relax with friends and family, enjoy a hot dog on the grill and take in a fireworks show after dark. What better way is there to celebrate 238 years of freedom from British rule?

The Secret To Drama Free Mortgage Financing – Getting your mortgage approved and closed is a document chase, be pre-emptive, if you think maybe we might need that piece of paper, we do, send it to us.  Let the QM (Qualified Mortgage) keepers decide what is necessary and what is not.  You are only in the mortgage approval process barrel for 30 maybe 45 days, play nice be helpful, send us everything we ask you to send us, we will both be happy.

June 23, 2014

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Could the Way We Think About Divorce Be All Wrong? – It’s easy to understand why no one likes to talk about divorce. It’s an emotionally charged word that begets resentment, grief, and memories of heartbreak. It’s such an affected word that nearly anyone – single, married, or divorced – could understand why a divorcée would say, “I never want to get married again!”

5 tips for buying a foreclosed home – For those looking to score a deal on a home, foreclosed properties can offer a great opportunity. Lenders are looking to unload the property and will often offer up a deep discount to do so quickly. But the process of buying a foreclosed home can differ a little from traditional home sales. Here are some things to consider before you make an offer on one of these properties.

Today’s Mortgage Interest Rates at Bank of America, Wells Fargo and SunTrust Bank – June 23, 2014 – Home sales experienced a slowdown due to the rise in mortgage rates last year from historic lows, as well as several other factors like tough lending conditions and limited supply.

Medical Marijuana: The Next Big Thing in Mediation?

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Medical Marijuana: The Next Big Thing in Mediation?

With the recent push toward medical marijuana across the country—and twenty states plus the District of Columbia enacting legislation making it legal—medical marijuana mediationmight just become the newest uncharted territory for mediators. However, the laws relating to medical marijuana and the scope of its use are in a state of transition, as federal law still labels marijuana as a Schedule I substance, even if it is used for medical purposes.

According to spokespersons from the Justice Department, the federal government does not have any intention to challenge these states’ medical marijuana laws. It does, however, remain clear on the fact that there are enforcement priorities, especially for people who are caught selling prescribed medical marijuana to minors or allowing children to have access to the drug.

In the meantime, the debate continues concerning the effectiveness of medical marijuana, as well as the pros and cons of its use as a prescribed medicine for a range of illnesses and symptoms. Research shows that cannabis is highly effective in reducing nausea and vomiting for patients undergoing chemotherapy and those who have been diagnosed with AIDS. It has also shown efficacy in treating pain and muscle spasms as well as PTSD and anxiety, and has been recently touted by some researchers as a highly effective treatment with low side effects for the control of childhood seizures and epilepsy.

So how do mediators approach this uncharted and particularly volatile territory in the upcoming months, especially as pot legislation continues in its current dynamic state? One good approach is to ensure that certain procedures are followed at the onset of the medical marijuana mediation process, particularly related to maintaining a safe space for everyone involved in the meeting. These procedures could include:

• Outlining clear expectations regarding the purpose and general rules of the meeting
• Following a timed agenda, of which each participant has a copy
• Ensuring an atmosphere of absolute respect for all parties in attendance
• Maintaining control over the procedures, regardless of the settlement reached or the outcome of the session

Following these simple guidelines and staying up to date on medical marijuana legislation on both state and federal levels should be your top priorities as a mediator as you swim through these murky waters with your clients. The field will likely see a rise in medical marijuana-related cases and should be prepared to handle them with finesse and expertise.

June 12, 2014

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Inherited IRAs in play for bankruptcy creditors: U.S. high court – The U.S. Supreme Court on Thursday said inherited individual retirement accounts are not protected from creditors in bankruptcy, in a ruling that impacts one of the most popular ways to save for retirement.

Average US 30-Year Mortgage Rate up to 4.20 Pct – Average U.S. rates on fixed mortgages rose this week for a second straight week but remained near historic lows.

National Foreclosure Rates Drop but 21 States Buck Trend – Foreclosure activity dipped significantly in May RealtyTrac reported on Tuesday with a decrease of 5 percent in foreclosure filings compared to those in April.  RealtyTrac’s U.S. Foreclosure Market Report also noted a 26 percent decrease in filings compared to May 2013.