Tag Archives: Mediation

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.

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

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

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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

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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.

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

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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.