Tag Archives: Mediation.com

EEOC Favors Workplace Discrimination Mediation and Other Conciliatory Methods to Resolve Disputes

Posted on by
EEOC Favors Workplace Discrimination Mediation and Other Conciliatory Methods to Resolve Disputes

Image courtesy of podpad / freedigitalphotos.net

Workplace discrimination—whether related to age, sex or race—is a common problem in American workplaces and one that should be quickly resolved to avoid loss of productivity.  According to recent reports released by the U.S. Equal Employment Opportunity Commission (EEOC), workplace discrimination mediation has proven to be one of the most reliable and cost-effective methods for dealing with this problem efficiently and effectively, allowing companies and departments to get back to business as usual in a competitive market and challenging economic climate.

In a press release published at the beginning of the year, the EEOC announced a reported 99,412 charges related to private sector workplace discrimination during the prior year.  Year-end data released for 2013 is expected to show similar numbers.  While workplace discrimination is shown to be on the decline, it is still a major concern that affects productivity and brand image for many businesses.  This decline is likely due to a greater awareness of the definition of workplace discrimination and how such practices can affect a business’s short-term and long-term goals.

In 2012, of the nearly 100,000 workplace discrimination cases reported, 37,836 were related to retaliation; 33,512 were related to race; and 30,356 were related to sex discrimination, including cases involving the alleged use of sexual harassment and discrimination related to pregnancy.  However, it is important to realize that regardless of the reason workplace discrimination happens, such activity can decrease employee morale and set a negative tone for one’s working environment.

According to the EEOC’s own reports, the commission is placing a continued importance on conciliatory approaches to resolving workplace conflict, especially conflict that stems from discrimination.  During 2012 alone, almost $36.2 million was secured for victims of unlawful workplace discrimination through alternative dispute resolution methods such as workplace discrimination mediation.  Such payouts serve to assist victims in moving beyond the damaging psychological effects workplace discrimination can elicit; they also provide a solid incentive for companies to educate their managers on what workplace discrimination is and how it can be avoided.

Automotive Accident Mediation: A Solution Everyone Can Live With

Posted on by

Image courtesy of Naypong / freedigitalphotos.net

When an automobile accident happens, the first steps many people take are call the police, call the insurance company, and then call a lawyer.  However, automotive accident mediation, one of the best steps that can be taken after the police and one’s insurance company have been called, is often left out of the picture—costing accident victims more time and money than they wanted to spend on something that wasn’t supposed to occur in the first place.

With automotive accident mediation, a third-party, non-biased mediator can assist all parties involved with making sure that a fair settlement is reached, whether the insurance company is involved or not.  With an automobile accident, injuries that have occurred could present problems down the road that might not be considered in the immediate present, causing long-term financial insecurity for people who could have prevented it through mediation.

Regardless of whether you and the other vehicles/people involved in the accident are insured, and regardless of whose fault the accident seems to be, calling an automotive accident mediator is always a good step to consider after contacting the police and one’s insurance company.  An automotive accident mediator will be able to direct all parties to the proper channels for claims and claims dispute resolution, saving everyone time and money in the process.

Litigating an automobile accident injury claim can require more money and time than it is worth, but mediating such a dispute is often hassle-free and cost-effective, with equally satisfactory results.  The confidential nature of automobile accident mediation also ensures that your claim will be dealt with privately and confidentially so that everyone involved can move on with their lives with a resolution that has been mutually determined.

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

Posted on by

Image courtesy of stockimages / freedigitalphotos.net

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

Posted on by
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.

Avoiding Child Adoption Nightmares Through Adoption Mediation

Posted on by
Avoiding Child Adoption Nightmares Through Adoption Mediation
Image courtesy of David Castillo Dominici / freedigitalphotos.net

The recent news surrounding the adoption of Baby Veronica, and subsequent legal battles between her adoptive parents and biological father, have renewed concerns for adoptive parents about ensuring the process doesn’t turn into their own personal nightmare.  For most adoptive parents who experience the elation of adopting a child, only to later face the threat of losing that child—the unpredictability can be a traumatic process for everyone involved.

As adoptive parents, one of the best ways to ascertain all the legal ‘I’s are dotted and ‘T’s are crossed in the adoption process is to enlist the help of a professional child adoption mediator who can facilitate a smooth and protective adoption procedure.  Child adoption mediators have been trained to look for and correct potential pitfalls at the onset before they become a threat to everyone involved, including the child who simply wants a family of his/her own.

Child adoption mediation is an alternative dispute resolution (ADR) process that seeks to settle legal disputes or actions outside of the courtroom.  Child adoption mediation is generally facilitated by a lawyer, former judge and/or certified professional mediator who understands adoption laws within your particular state.  He or she can also ensure that all necessary paperwork is correctly filed, and all possible problems are considered at an early stage, to avoid potential problems that could arise in the future between you, the adoptive parents, and other invested parties within the child’s life (the state, the child’s biological family, etc.)

The child adoption mediator is a neutral, third-party facilitator who helps all involved parties reach a legally enforceable settlement in the child adoption process.  While the child adoption process is completely voluntary and confidential, whatever is determined in the mediation settlement will be legally enforced by the court system.  If the parties involved fail to reach a settlement or agreement in the child adoption mediation process, they may then turn to other avenues of alternative dispute resolution or litigation to resolve their dispute.

Malpractice Mediation for Easier Settlements

Posted on by
Malpractice Mediation for Easier Settlements
Image courtesy of imagerymajestic / freedigitalphotos.net

According to a report compiled from the National Practitioner Data Bank, in 2012, over $3.6 billion dollars was paid out in medical malpractice claims.  Of these payouts, 93% were the result of a settlement rather than a judgment, which clearly shows the success rate of alternative dispute resolution practices such as professional malpractice mediation.

When a professional offers services—whether it be medical, legal or investment-related—the possibility always exists for something to go wrong.  After all, professionals are human and humans make mistakes from time to time—even the ones who are exceptional at their jobs.  In cases for which something goes wrong, most professionals are covered by an insurance policy for malpractice claims.  In fact, in today’s world, very few professionals practice their craft without one.

That’s why professional malpractice mediation is a great way to reach a settlement on a malpractice claim.  With litigation comes not only added expense, but also loss of time and (potentially) reputation in the process.  However, with professional malpractice mediation, both sides are able to openly communicate about the conflict with the assistance of a third party, neutral mediator.  This process of open communication facilitates a quicker settlement so that everyone can get back to their lives and put the incident behind them.

Many organizations encourage mediation as a way to resolve professional malpractice claims because it is a low-cost, low-profile option.  The best part is that if either party is not happy with the outcome of the mediation proceedings, they can then choose to litigate the claim.  While mediation ensures that the parties in conflict remain in control of the outcome of their own negotiations, it doesn’t always promise a resolution to the conflict.  However, in many cases involving professional malpractice, a mediator is able to bring the parties to a place of mutual agreement on settlement terms, making the process easier for everyone involved.