Tag Archives: alternative dispute resolution

ADR of Cannabis Issues

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With more states legalizing cannabis for medicinal or recreational purposes, there are more cannabis legal issues that are arising. In the marijuana industry, there are a number of new business relationships that have developed in a short period of time, including distribution deals, partnerships and licensing relationships. Like in all other types of business dealings, the potential for disputes to arise between partners, competitors or parties working together is present. Conflict can arise in this context as well as in others, such as issues involving legal cannabis use and employment and housing matters.

Due to the new nature of this industry, many individuals and businesses are choosing to use ADR instead of litigating when troubles arise. Courts are often slow to change and may support traditional commercial businesses rather than individuals or businesses that they perceive as being invested in the “pot” frenzy. Another reason why individuals may steer clear of the court for resolution is because judges and juries might punish both parties when they do not like them. To avoid these negative possibilities, parties are increasingly adding mediation and arbitration clauses in their contracts.

Mediation involves the parties meeting with a third party neutral who hears both sides of the dispute and tries to help the parties reach a resolution. The mediator does not impose any type of decision on the parties. Instead, he or she helps the parties negotiate between themselves so that they can avoid court.

Arbitration puts the decision-making authority in the hands of a decision maker that the parties have selected. This helps them select someone who is not prejudiced against cannabis. The arbitrator may have additional subject matter expertise based on a history of creating licensing deals or litigating contract issues.

Considering Alternative Dispute Resolution for Shareholder Disputes

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Shareholder disputes are far too common and are often caused by a desire for one or more shareholders who want to terminate the shareholder relationship.  However, they can also arise because shareholders disagree how a business is being run or because shareholders fear liability on the part of other shareholders that they believe is illegal or fraudulent.  Shareholders may allege misconduct such as misappropriation, breach of fiduciary duty or breach of the shareholder agreement.

Shareholders may consider mediation to help resolve disputes of this nature.  Mediation uses an impartial third party to help resolve the case.  This avoids the publicity of a trial and the dissemination of private information to the public.  Parties can choose their mediator, so they may select someone who is experienced in the same industry that the shareholders are a part of.  Mediation allows both sides to communicate their perspective and to express their interests. The mediator attempts to bridge the communication gaps between the parties while offering valuable feedback regarding the merits of different claims or defenses.  The mediator may provide suggestions on ways to potentially settle the claim and will encourage both parties to come up with their own creative solutions.  This form of ADR is particularly well-suited to shareholder disputes because it is non-adversarial in nature, allowing the parties to reach an amicable solution and maintain their relationship.

For other cases, shareholders may consider arbitration as a way to resolve the dispute.  Arbitration is an abbreviated form of litigation.  However, the parties choose the decision maker instead of having a judge or jury.  Arbitration can be binding by nature and can only be appealed on limited grounds.  The arbitrator can issue a binding decision that all parties must adhere to.  At the same time, arbitration offers a less expensive and faster resolution than would likely be available through litigation

The Win-Win Benefit of Co-Parenting Mediation

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The Win-Win Benefit of Co-Parenting MediationCo-parenting mediation has become a hot topic in the field of alternative dispute resolution.  As one of the easiest and most effective ways to negotiate parenting arrangements following a divorce or separation, co-parenting mediation allows divorcing parents to work out custody and visitation schedules that work best for them and their children.  It’s a process that keeps the power in the hands of the parents rather than allowing a judge to determine what is best for the family.  For this reason, most couples who have gone through the process are not only glad they chose mediation—they are universally convinced that it is the best way to do it.

Research shows that the negative consequences divorce has on the emotional wellbeing of children stem from children being separated from one parent or the other for a long period of time.  When children are accustomed to spending time with both parents and become attached to both parents, serious emotional consequences can result from a significant change in that way of life for them.

The good news is that when a married couple with children decides that they no longer want to be married, the separation does not have to be extremely difficult on the children as long as they are able to spend adequate and equal amounts of time with both parents.  The toll that divorce takes on the children can be significantly minimized through co-parenting and joint parenting arrangements, particularly if the parents are able to be “adult” enough to avoid a nasty divorce that drags the children in the middle and requires them to “take sides.”

For this reason, the benefits of co-parenting mediation are for the entire family.  The parents are able to maintain control over their family and the future of their family, and the children are able to maintain a sense of stability, despite the fact that both parents might not be living in the same household.  It’s truly a win-win situation in what could otherwise be a very negative experience.

The Sky’s the Limit for Aviation Mediation as a Growing Subset of Mediation Practice

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The Sky’s the Limit for Aviation Mediation as a Growing Subset of Mediation PracticeWhile once limiting its ADR practices to business-related disputes, the field of aviation is gravitating toward mediation in technical disputes, as well, opening up the door to an extended scope of practice. Such technical disputes can include everything from discerning liability for the failure of aviation equipment to disputes over parts and components.

The nature of the field of aviation means that in the process of conducting business, vendors and companies will work with a variety of players, all of which meet goals and regulations in performing their unique role in service and supply chain. These players include:

  1. Manufacturers and original equipment manufacturers (OEM) who are responsible for the design, manufacture of, and testing of parts.
  2. Companies that sell and distribute components and parts.
  3. Companies providing the hardware needed in the manufacturing process.
  4. Individuals and companies providing maintenance, repair and overhaul for aircraft and other related devices.
  5. Airlines (both private and commercial) transporting cargo and passengers.
  6. Aircraft operators and pilots.
  7. Companies providing necessary services, including fuel supply, baggage support, passenger support, food vendors for flights and airports, etc.

From this list, you can see the scope of disputes that might occur in the field of aviation, and why aviation mediation has become increasingly widespread in recent years.

As the costs of fuel fluctuate due to unstable economies and world politics, aviation must focus its profits on cost-saving analyses. This is another benefit of aviation mediation, as its cost-saving factor makes it an attractive alternative to tradition arbitration and litigation methods of resolving legal disputes.

However, finding a mediator who is trained in the unique regulations and codes of the aviation industry is increasingly difficult for many companies, who find themselves involved in the enormously difficult and wasteful task of having to bring a mediator “up to speed” on some basics in the aviation industry. Therefore, finding an aviation mediator who has experience in both mediation and aviation is the “best of both worlds,” allowing companies to reap the truly time-saving and cost-saving benefits that mediation, as an ADR method, brings to the table.

Mediation is not always the best choice to resolve aviation-related disputes, especially if the loss of life has occurred. However, disputes related to fiscal loss and settlement are generally perfectly suited for aviation mediation, and have shown success in a wide variety of cases.

Pet Mediation Succeeds Where the Courts Fail

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Pet Mediation Succeeds Where the Courts Fail

Image courtesy of SOMMAI / Shih Tzu Dog

Pet mediation is a powerful and effective alternative to litigating pet-related disputes, and has proven to be useful in resolving conflicts related to a pet’s presence or actions.  Pet owners who encounter conflict related their pet or another’s pet understand first-hand how difficult such conflicts can be.  When litigation is pursued over matters related to a pet, the courts are often unwilling to consider mitigating circumstances that might affect the judge’s decision.  Additionally, often-biased and poorly written laws and statutes that are related to pet ownership and responsibility for a pet’s actions fail to consider circumstances that might be beyond a pet owner’s control.

In much the same way that parents seek the best for their children, responsible and caring pet owners seek the best for their pets.  In fact, many pet owners consider their pets to be as important and loved as children would be, and can become highly emotional when a conflict arises that involves their pet.

In pet mediation, a third-part mediator who is well-versed in laws and regulations related to pet ownership and responsibility will sit down with all parties involved in a pet-related dispute to assist in finding ways to resolve the dispute without taking it through the court system.  Such methods have proven highly successful in helping parties in conflict reach a satisfactory resolution—one that considers the best interests of everyone, including the pet.  In disputes such as these, miscommunication is often a factor; once that miscommunication has been corrected, it is easier for everyone to discuss the best and most logical way to resolve the issue.

Some common disputes dealt with in pet mediation include rental property disputes related to a pet’s presence, problems with a pet’s behavior, veterinary issues, disputes between a breeder and client, disputes between a kennel and client, and problems related to pet sitting and pet care.  In such cases, a pet dispute mediator will hear all evidence or testimony related to the conflict and help the parties involved reach a workable, reasonable agreement without the hassle and cost of taking the dispute to the courts.

Professional Malpractice Mediation Saves Time, Money—and Most Importantly, Relationships

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One of the major sources of rising costs in the medical field and related health care services is the high number of professional malpractice lawsuits that have become the status quo for many providers.  These numbers, and the costs that are associated with them, have created a situation in which professional malpractice mediation is one of the most sought-after sources of alternative dispute resolution.  Professional malpractice mediation for healthcare disputes is not only a cost-effective and time-saving alternative to costly and lengthy lawsuits—it is also completely confidential, making it an attractive alternative to the public nature of litigation for many health care facilities and health care providers.

Professional malpractice mediation is not just limited to health care and related fields, however.  Attorneys and educators can also benefit from professional malpractice mediation, as these fields have likewise seen a rise in lawsuits and disputes over issues such as negligence, confidentiality or services rendered.  Although most cases involving professional malpractice mediation fall within the realm of health and health-related services, other fields have benefitted from mediation and continue to show success in resolving disputes that are taken through this type of alternative resolution process.

If you have been the victim of professional malpractice and feel that the cost and time involved to pursue a lawsuit does not make pursuing justice reasonable, consider professional malpractice mediation as an alternative.  Many people have been absolutely satisfied with the outcome of the mediation process and feel that mediation is a much preferable alternative to litigation or arbitration for professional malpractice claims.  In many cases, mediation allows clients to continue to receive services from a professional, if so desired, as the relationship is better maintained than if a lawsuit had been pursued.  This fact—that mediation can successfully save client/professional relationships—speaks volumes as to its effectiveness and status as a preferred course of action over litigation.

The Cost of Eminent Domain Disputes and Why Mediation is a Cost-Saving Alternative

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The Cost of Eminent Domain Disputes and Why Mediation is a Cost-Saving Alternative

Image courtesy of Michal Marcol / freedigitalphotos.net

Parties involved in eminent domain disputes often learn the hard way why mediating might be preferable to litigating in these types of clashes.  When litigating a condemnation dispute, the cost of discovery requests, assessment of fair market value and other outside resources often end up costing more than anticipated, leaving everyone involved at a fiscal loss.  Added to that are the costs of time, as these types of disputes can take months—if not years—to get from start to finish in a congested court system when litigating.

Mediation, however, usually ends up being a much smoother process when attempting to resolve eminent domain disputes.  Eminent domain mediation allows all disputants to come together and discuss a settlement in the presence of a neutral, third-party mediator who has extensive experience in settling condemnation claims.  This mediator will not be biased toward one side or another, but will assist the parties in reaching a mutually beneficial settlement that is within their own control rather than the control of a judge and jury.

Through careful consideration, the intent of eminent domain mediation—and often, its result—is to resolve the dispute in a way that saves everyone involved time and money.  A settlement is legally binding and if a settlement isn’t reached, the claim can always be later tried in a court of law or taken through other alternative dispute resolution processes, like arbitration.

Eminent domain mediation is a cost-saving alternative that should be the first choice of anyone involved in an eminent domain dispute.  More often than not, these cases are sent to mandatory mediation first by the courts—that’s how enormously effective mediation can be in resolving eminent domain claims.  Courts across the country have recognized that sometimes “talking it out” can be a more effective approach than being told what to do by a judge or jury.