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Trusts and Estates Mediation and Mending Broken Relationships

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Trusts and Estates Mediation and Mending Broken Relationships

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When a family has trust and estate-related grievances, relationships suffer.  It is one of the harsh facts that trust and estate attorneys can attest to, and one of the reasons why trusts and estates mediation has become the best way to settle disputes while maintaining familial relationships in the process.  If the disagreement can be settled amicably without the bitterness and expense that usually comes with the process of litigation, it just makes sense for families to take the easier route of mediation.

As divorces, remarriages and the blended families that result from them become increasingly common in the United States, disputes related to trusts and estates have become more prevalent.  This is particularly true if the last will and testament of the deceased contains vague wording or was not changed to reflect changes in the family structure that might occur later in life after the trusts or will were created.  Neglect on the part of the deceased to consider changes that have occurred within the family structure could result in bitter family disputes that separate family members and divide the family.

However, trusts and estates mediation is a way to alleviate these disputes and settle them in a way that maintains the family unit’s cohesiveness, despite disagreement.  The nature of mediation allows for the parties in dispute to communicate openly about their grievances and work out a solution that is mutually beneficial for everyone involved.  In essence, trusts and estate mediation is a process that maintains family cohesiveness and respect because it works to resolve the matter in a respectful, rational way.

In the midst of a dispute relating to the estate of someone who is deceased, a family needs a legal process that encourages mending broken relationships rather than further severing them.  Trusts and estates mediation is exactly that process.

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.

What You Should Know about Professional Malpractice Mediation

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What You Should Know about Professional Malpractice Mediation

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Mediators are useful in a myriad of situations, one of those being in the area of professional malpractice.  When someone in a professional capacity fails to perform his or her job within the ethical guidelines prescribed, lawsuits can be likely.  One way of avoiding a lawsuit and having all parties reach a place of mutual satisfaction is through the use of a mediator.

A mediator can be instrumental in solving issues in medical malpractice such as:

  • Failure to pursue a patient’s full medical history
  • Ignoring possible reactions to drug interactions
  • Prescribing “wrong” doses of medication
  • Improper administration of treatment, or treatment without consent
  • Insufficient medical records of treatment
  • Not communicating with the patient
  • Fraud

In cases of legal malpractice, the mediator can solve problems relating to:

  • Dishonesty
  • Acting outside of “Good Faith”
  • Treating the client in an unfair way
  • Improper actions taken against the client or actions undertaken without their consent
    • Breach of Attorney-Client Privilege
    • Unethical behavior
    • Fraud

There are other professional situations that can constitute a breach of contract.  Anything that is a direct violation of the ethical standards of a professional practice can create a situation in which mediation can become necessary for solving disputes.

Using a mediator keeps things confidential and outside of a court.  The mediator acts as a neutral third party and facilitates, rather than directs or controls, the process.  In creating an environment for discussion of the grievances, a mediator is able to decide in a fair and unbiased way, what the best course of restitution would be.

Many people, particularly in a professional capacity, prefer to have a mediator settle their disputes.  It keeps things between the aggrieved parties and the person or persons with whom they are having a dispute.  Mediation is also less time consuming than court, as well as being more affordable.

Internet Law Mediation: A Growing Field to Meet a Growing Need

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Internet Law Mediation: A Growing Field to Meet a Growing Need

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Internet law mediation is a relatively new construct.  As technology rapidly expands into our everyday lives and business endeavors, experts work daily to develop a legal framework within which to resolve legal disputes related to Internet law.  Considering the “newness” of Internet law, courts have encountered the problem of attempting to build this framework from scratch, as preexisting legal frameworks fall short in dealing with the rapid growth and needs of the Internet law arena.

At present, Internet law mediation focuses on legal disputes involving web site development, service provider liability, trademarks on the Internet, domain name disputes, and web page linking and legal liability. Within this scope, issues related to copyright concerns, domain name concerns, trademark concerns, defamation, and linking and framing are covered, ensuring that a business or individual has the freedom to build an online presence that is protected under many of the same copyright laws available for non-Internet published work.

Service providers are also a primary participant in the process, providing web hosting solutions and an array of online options that make it easy for businesses and individuals to build an online presence and reputation.  Like any provider, however, these companies require contracts and terms of service agreements that are violated by users and require further legal exploration under the new Internet law legal framework.  In such cases, judges often refer to the basics of contract law in relation to service providers/vendors to resolve disputes.

Trademarks and trademark liability is another hot topic in Internet law mediation, particularly as it relates to accusations of infringement.  Although the Internet is easy to monitor (after all, it is publically accessed), it is also vast, making it often difficult to determine if trademark infringement is occurring.  In cases where trademark infringement is proven, swift and effective legal action via Internet law mediation is one of the most effective means of resolving that infringement.

 

Bilingual Mediators: Necessary Advocates for America’s Growing Hispanic Population

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Bilingual Mediators: Necessary Advocates for America’s Growing Hispanic Population

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A recent Pew Hispanic Center report suggests that there are approximately 52 million Latinos in the U.S. This number represents 17 percent of the total population of the country and has increased significantly over the past decades, making bilingual services absolutely necessary in the country to address this segment’s legal needs.  Bilingual mediation is one such service, and as an increasing number of people learn about the unique benefits of mediation over litigation, those same people are seeking bilingual mediation services to resolve their legal issues.

The states that are seeing the most demand for bilingual mediation services are California (with 28% of the country’s Hispanic population), Florida (8 %), Texas (19%), New York (7%) and Illinois (4%).  Within these states and others, mediators are bridging the gap created by language and cultural barriers to assist with the successful and peaceful resolution of legal disputes.  Bilingual mediators are trained in the unique cultural differences that could be present in legal disputes involving one or more Hispanic parties, particularly if the English skills of those parties are limited.

The reason bilingual mediation services are so desperately needed go beyond simple language barriers—without a mediator who can communicate effectively with his or her clients, the concept of receiving fair and nonbiased advice falls apart.  With language barriers present in mediation, and if one party feels its voice is not being adequately and correctly heard, the foundation of the process of mediation is disrupted.  This is because in mediation, everyone is heard and everyone has the opportunity to state his or her side of the dispute.

A bilingual mediator should have strong negotiation and dispute resolution skills, and he or she should also be able to provide support to various ethnic and cultural backgrounds, ensuring that the process and benefits of mediation effectively translate across language barriers.

Pet Mediation Succeeds Where the Courts Fail

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Pet Mediation Succeeds Where the Courts Fail

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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.