COVID-19 has caused several events around the world to be canceled and it is triggering many business disputes. Many of these events were insured by special event insurance, but that does not mean those responsible for the events are going to get reimbursed for their loss.

Some of the world’s biggest and best-known events have been canceled, but the virus has affected smaller events and businesses of all sizes.

What do you need to know about the business disputes that have resulted from coronavirus event cancellation?

Special Event Insurance May or May Not Offer Protection

Unfortunately, many people whose events have been canceled have learned the hard way that their special event insurance is not going to offer any sort of compensation in this case.

Standard event cancellation insurance policies usually cover cancellation due to events beyond your control. This might seem like a worldwide pandemic would fit this description, but it does not. “Beyond your control” usually means an act of God or other circumstances that damage the venue.

If you have “all-cause” or “epidemic coverage,” there is a better chance you will get reimbursed, but this is a specific type of policy. They also tend to be difficult to get.

The only sure-fire type of insurance that would help you, in this case, is “communicable disease coverage.” And odds are not too many event planners bothered to purchase a policy such as this.

Also do not think you can rush out now and get a policy for a future event that would cover coronavirus. In most cases, COVID-19 is being excluded from news event coverage. It is just too risky for insurers.

What Should Ticket Holders Do?

If you are someone who had a ticket for an upcoming event or you are responsible for making decisions concerning ticketholders about an event canceled because of coronavirus, there are a few things you should know.

Most event organizers are refunding money for tickets purchased. Most are making it easy, too. Some are asking that money already be spent be given as a donation, depending on the event, but in general, ticketholders will be reimbursed for the money they spent on a now-canceled event. Some are even offering automatic refunds and you will not even need to make a request.

But here is the caveat: has the event been canceled or postponed? That is going to play a major role in how easy it is to get your money back and if you are the event organizer, how necessary it is for you to reimburse ticket holders.

All of the confusion surrounding the virus and what the future holds is what is triggering several business disputes. People do not know what to expect, organizers do not know how to handle things, and understandably, everyone wants money, either returned to them or left with them during potentially lean times.

If you find yourself involved in a coronavirus business dispute because of a canceled event, Hardy Smith can help. Contact him at 520-403-8786 or by email at [email protected]

E. Hardy Smith Lawyer & Mediator
www.azlawsmith.com

When a parent needs long-term care or a family must make end-of-life decisions, family members may not agree. In these situations, having a third party neutral guide the parties to make these difficult decisions can be critical in maintaining or achieving family harmony. 

Experienced mediators use skills that they have developed over the years to facilitate communication between the parties. He or she can help the loved one communicate about his or her wishes while also addressing logistical and health concerns. Often, family members reach an impasse and fail to make any plan for the future. An eldercare mediator can help get the discussion moving forward.

An eldercare mediator can help the family communicate their concerns and identify the issues that need to be addressed. The mediator starts the session by explaining that the process is rooted in mutual respect and open and honest communication.�
While in litigation, limited parties may be involved, additional people may be involved in the mediation process, including extended family, caregivers, financial planners, and other personal or professional connections. Professional mediators understand that compliance with family or interpersonal dynamics may be at play and can help the parties navigate difficult questions and concerns. 

After a successful mediation, the mediator can draft the agreement the family has made and put it into a written document. This helps provide greater clarity and provides a powerful tool in the event of a crisis. Families can avoid litigation to establish guardianships or make decisions about a loved one because they are all in agreement and have taken the time to learn what the elder wants.

In the space of three months, what started as a minor health problem in central China has become a global pandemic. Global commerce has especially taken a big hit as a result, with stocks nosediving and businesses being unable to fulfill crucial obligations.

Commercial contracts are ordinarily designed to be contemplative. However, no one could have predicted the occurrence of a global health crisis of the proportions we are currently witnessing. As a result, there have been serious disruptions to the performance of commercial contracts as parties are left confused as to the proper course of action under their suddenly otiose agreements.

Due to this disruption in commercial relationships, many predict that there will be a spike in commercial disputes. The majority of these will also be submitted to commercial mediation. However, with the current COVID-19 outbreak, legitimate questions arise as to how this mediation may be carried out, considering the unique circumstances of this period.

How can you and your business partners act fast to vary your contractual obligations and maintain crucial relationships at this time? Will there still be a means to access the speed, efficiency, and confidentiality of mediation-facilitated dispute resolution?

This article addresses how the COVID-19 outbreak affects commercial mediation and what you can do to access speedy dispute resolution.

How the pandemic affects commercial mediation
To combat the spread of the coronavirus, the federal government and states around the US take increasingly stricter measures. These measures have the unintended (but unavoidable) effect of essentially suspending much of business as we know it. As a result, commercial mediation has been affected in several ways including:

• Increase in commercial disputes: As of this moment, the disruption in the conduct of business is causing a proliferation in disputes between partners. Many of these disputes arise due to differing interpretations of essential terms in contracts, especially those affected by the changing circumstances of the pandemic. This will result in an increased need for commercial mediation services during the period of the pandemic. It is also expected that by the time the pandemic blows over, there will be an even bigger spike in commercial disputes. These will include insurance claims; breach of energy, procurement and construction contracts; breach of carriage agreements; industrial and data privacy claims, etc.
• Legal restrictions: While there is an increasing need for commercial mediation, it is becoming even more difficult to hold these mediations. Due to lockdown measures and other restrictions geared towards slowing the spread of the virus, mediation facilities are currently shuttered and will be so for a while yet. This makes it difficult to hold physical mediation.
• Safety concerns: Social distancing and self-isolation havealso been encouraged in this period to curb the spread of the virus. As even healthy persons may be asymptomatic carriers, it is necessary to remain socially distant and avoid gatherings to stay safe.
• Disruption in already scheduled mediation sessions:Meetings earlier scheduled before the coming into effect of the lockdown orders and restriction of movement will have to be put on hold until the restriction is lifted.

Advantages of commercial mediation during the pandemic
For parties that can work around the challenges of this period, commercial mediation will provide a mass of benefits including the following:

• Flexibility: Mediation allows for flexible arrangements between the disputing parties and the mediator. This makes it a lot more desirable and flexible when compared to litigation. Parties may elect to schedule the meetings for periods they find convenient.
• Preserving business relationships: Mediation, like every other ADR method, provides for a win-win situation. This ensures the preservation of pre-existing relationships between the parties.
• Enables stress-free modification of obligations: Mediation allows parties to adopt a range of flexible and cost-effective solutions to their disputes. This includes being able to modify contractual obligations easily.
• Disarm disputes before they become litigious: One of the biggest perks of ADR is its provision for speedy dispute resolution. Parties may resort to commercial mediation to solve their issues before they become litigious. This ensures that possible problems are nipped in the bud before they start to strain the relationship.

How can commercial mediation work for you?
Considering the difficulties involved in undergoing commercial mediation at this time, be creative if they will access speedy dispute resolution. Thankfully, there are proven ways to still get the best out of mediation even during the COVID-19 outbreak.

Video and teleconferencing
Video conferencing is being mooted as one of the biggest winners in this coronavirus pandemic. This is because it has been able to proffer a viable alternative to physical meetings and workspaces.

Virtual meetings are cost-effective and potentially enable even better participation in mediation sessions. To get the best of the sessions though, it will be necessary for parties and the mediator to invest in sound video conferencing tools and systems. Conferencing applications such as Zoom and Zoho have particularly become very useful during this period.

While there are many benefits, the adoption of virtual mediation is not without its downsides though. Network strength/ technical difficulties, atmosphere for the witness, attention span, etc. are some difficulties that may be faced in the adoption of the technology.

Leveraging on technology
Leveraging on technology implies that most, if not all, of the mediation process, will be digital. Paperwork and other procedural matters will also be taken digitally.

Although courts have adopted the conferencing system, the courts only sit on essential cases. The odds of a commercial dispute falling within the set threshold is very limited. Besides, you can avoid the uncertainty of hearing and rigors of litigation by adopting Mediation.

Some of the technology that mediators and parties can leverage on during this time include conference calls, chat forums and the like. Artificial Intelligence may also provide new solutions for use within the mediation workspace.

A bit of socializing could also be done through the use of social media. Interactions may be facilitated amongst lawyers and mediators through social media. Webinars and professional training may also be conducted virtually.

We can help resolve your commercial disputes
At this difficult period, the recovery of businesses and individuals will depend on how fast they can react to challenges and chart a new roadmap for success. Doing this effectively will depend on having an easily accessible forum that ensures you and your partners are on the same page.

If you are interested in seeing how commercial mediation can work for your business at this time, please get in touch with us.

George Murphy
https://disputesolved.com/

If a patient has a billing dispute, believes he or she was harmed by medical malpractice or is otherwise involved in a dispute with a hospital, doctor or another healthcare provider, he or she and the healthcare provider may agree to mediation as an alternative to litigating the case.

During mediation, the mediator explains his or her important role as a neutral third party. He or she does not impose decisions on the parties. His or her only interest is in helping the parties open up communication and work together to solve a mutual problem.

The mediator lays the ground rules for mediation. Typically, each party then gives an opening statement about why the dispute arose. The mediator provides a cooperative environment that allows the parties to view the dispute from a different perspective. The parties may have had no opportunity to communicate about the underlying problem before mediation, so this process can be cathartic to the parties.

The mediator may keep the parties in the same room or may separate them in private caucuses. During private caucuses, the mediator may provide objective feedback about the claim and discuss how local courts have ruled in recent cases that involved similar fact patterns. He or she may also present different offers and counteroffers during these private sessions.

The mediator may also suggest the parties consider alternatives to litigation and may lead the parties to brainstorm possible ways to resolve the dispute without resorting to the courts. In this way, the parties can be an integral part of the solution and can reach agreements on their terms that are particularly suited to their own needs. Parties can determine the outcome and resolution of their legal issues through this process.

If you suspect abuse or neglect led to your loved one’s injuries, you may think that a prolonged lawsuit is the only way to seek justice for your loved one. You may even be apprehensive about pursuing another avenue for financial recovery. However, the civil legal system may not provide a timely response or the desired outcome, which is why many people ultimately turn to mediation to resolve these types of cases. 

Mediation is an alternative dispute resolution method that allows the opposing sides of a legal problem to work on finding a resolution together. They are led by a neutral mediator to identify their mutual interests. The mediator is often someone with subject matter expertise who is knowledgeable about nursing home neglect and abuse cases, such as a former judge, lawyer or social worker. He or she can give the parties honest feedback about how similar cases were decided in court so that they have a more realistic idea about the outlook of their case. During private caucuses, the mediator may discuss the strengths and weaknesses of their claim, as well as identify the common goals each party has, such as avoiding negative publicity, keeping the matter private or avoiding the uncertainty of a trial.

Litigation is often stressful for families. Mediation may allow the nursing home patient to have more say in correcting the action. It may also be the only way the victim will receive an apology and feel that the nursing home has taken full accountability for the action. 

Additionally, mediation often helps parties resolve the problem faster and usually without spending nearly as much money in legal fees. 

While it may be difficult to see your interests aligned with the nursing homes, reputable businesses will want to ensure that they are taking care of their residents and addressing your concerns in a professional manner.