Tag Archives: Mediation

Employment Issues: What You Need to Understand About Employment Mediation

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When a dispute between the business and employee arises, common results include termination or in these employment conflicts, it is vital to resolve the matter outside of the courts due to the potential liability issues involved in the case. Employees may assert a claim for wrongful termination or an invalid demotion that can potentially damage the reputation of the business and disrupt the workforce. With the help of an employment mediator, employers and employees may be able to resolve these legal issues in a more efficient and private manner. Here are the essential details that you should understand about this process.

The Role of the Employment Mediator

Mediators usually have experience in the subject matter involved in the conflict. The parties can select a mediator in their area based on their knowledge and expertise in certain practice areas. Often, mediators have a background in business, counseling, social welfare or the legal profession… The employment mediator does not decide the outcome of the case. Instead, his or her role is to help the parties reach a mutually satisfactory resolution of their case. He or she will ask the important questions to discover what common interests exist between the employee and company. He or she is an unbiased professional who will help the parties have a better understanding of their legal position and of the possible outcomes. The mediator will remain objective and assist to mutually resolve the legal conflict.

Benefits of the Employment Mediation Process

The mediator can help discuss the possible resolutions in employment disputes. The parties are not constricted in mediation to the possible outcomes in litigation. Developing creative and new solutions is one possible benefit of participating in the mediation process.  The two parties can keep control over the process and have an unbiased third party listen. Mediation can also help the employer and worker find a quick and beneficial resolution that will not disrupt company interactions. Through open communication, the two parties can reach an agreement that they are both willing to accept.

Why Aviation Mediation is Chosen Over Aviation Litigation

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Disputes regarding aviation often arise between a person and an insurance company that has limits on what compensation is available for settlements. The carrier may try to force the victim of an aviation accident to take the matter to the courts. In these situations, it is often better to resolve the matter through mediation. This process is cost effective, reduces the time to settle and can help both sides compromise to reach a beneficial outcome.

Mediation with the insurance company may happen through a settlement conference with a mediation professional, such as a former judge or lawyer. However, business people, insurance adjusters or aviation experts may also serve in the role as the mediator. The parties can select the mediator who they believe is best equipped to understand the legal and practical issues involved in the dispute. The process is informal, so the parties can choose the time and date to meet. After an accident in the air, the injured party may want to openly discuss the matter and use a comfortable location rather than a courtroom. The mediation process provides open and continued communication and an unbiased third party to oversee it.

Within the private conference or meeting room, the two parties can discuss the conflict and determine how to resolve the matter with a compromise on both sides. By working together, it is possible to avoid litigation and seek a mutually beneficial resolution. The mediator can often educate the parties on the legal issues involved in the dispute. Evidence of the injuries and damages can increase the insurance company’s awareness and assessment of the case.  At the conclusion of mediation, the parties will sign an agreement that states the terms of their settlement if they reached one.

Top Reasons to Consider Mediating Your Medical Malpractice Case

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A claim for medical malpractice arises when a patient is injured because a healthcare provider’s care fell below the accepted standard of care. Many of these cases are litigated, but some may be mediated. People turn to the mediation process for the following reasons:

Opportunity for Improved Communication 

In many malpractice claims, an underlying problem is a feeling of betrayal or mistrust. A patient may not have an understanding of what went wrong because the medical provider may be instructed not to provide any information after a medical malpractice claim arise. Mediation allows the parties to speak personally to each other without legal advisors blocking their communication. This allows the physician an opportunity to explain factors that affected the situation, unknown medical information or other unexpected surprises. Once the parties are able to relate to each other on a more human level, they are often able to reach a fair settlement.

Cost Savings

Medical malpractice cases are often very expensive to litigate. They usually rely on medical expert testimony and these experts may charge exorbitant rates to provide court appearances, report and other litigation support. The cases also involve extensive investigations and the review of thousands of medical documents. All of this makes medical malpractice cases very expensive. Parties can avoid many of these costs by going through the mediation process. The parties can split the costs of a mediator and quickly resolve their case.

Time Savings

Due to the complexities involved in medical malpractice cases, these cases often take years to resolve, and that is before any possible appeal. Mediation can resolve a case in a matter of days once the mediation schedule is set.

Confidentiality

A medical provider may not want others to know about a mistake he or she made. Patients may not want to worry about their medical records being publicly known. Mediation is a confidential process, so it can provide important privacy to the participants.

Families in Dispute: What You Need to Know About Elder Care Mediation

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Depositphotos_185049012_s-2019When a loved one is getting older and facing important decisions during the next transition in life, it is not uncommon for concerned family members to disagree about the next steps. In some situations, these disagreements can deteriorate into time-consuming, expensive and acrimonious legal battles. Having an objective professional get involved early in the process may be able to prevent or stop these battles. Below, learn more about the elder care mediation process and how it may benefit you and your family.

Role of the Mediator

A mediator is a person with a background in the areas discussed. This may be a lawyer, but very often it may be a counselor, social worker, businessperson, health care professional or other person familiar with elder care matters. The mediator asks appropriate questions and tries to find common grounds between the parties in an attempt to resolve the legal matter. The mediator does not impose any decision on the parties; the process is completely voluntary, and the parties only sign an agreement if they reach one. The mediator is objective and does not represent any party’s interests.

Benefits of the Mediation Process

Mediators can help the parties consider new options about how they can personally solve the problem they are confronting. This can help the parties develop creative solutions to their problem without judicial intervention. The parties get to maintain control over the situation instead of having a judge unfamiliar with the family imposing decisions on the parties. Additionally, mediation can provide an early resolution to problems to prevent disruption of the family unit. The parties work together to attack the problem instead of attacking each other through litigation. If the parties are able to reach an agreement, they can avoid a costly legal battle.

Why Families Choose Long-Term Care Mediation Instead of Litigation

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There are a variety of problems or disagreements that can arise when long-term care is being considered by a family. The family may need to decide on which facility is most appropriate for their loved ones, based on his or her abilities and access to loved ones. They may also need to decide on how to treat a family home or which assets to liquidate to pay for care. They may have disagreements about insurance coverage. While there are many different problems that can arise when considering long-term care options, mediation can successfully resolve many of them.

The mediation process is much different than in litigation. Litigation usually involves formal proceedings in front of a judge. There may be specific procedural rules regarding what evidence can be reviewed by the court and strict timelines that must be met. Litigation is a public forum in which the general public may hear the details involved in the case. Most importantly, it is an adversarial process in which the parties are pitted as enemies against each other.

In contrast, mediation is a private and confidential process. It is much less formal, and the parties do not necessarily have to adhere to evidence requirements. The parties are encouraged to work together, so this helps strengthen the family bond instead of severing it forever. Family members are able to craft their own solutions that reflect the unique situation involving their particular family, so they often feel like an integral part of the process and are more likely to comply with the agreement they help to achieve. Many families report that they have a higher degree of satisfaction than when the case is litigated.

Using Mediation when a Licensing Dispute Arises

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licensingLicensing a trademark or product is an effective way to expand the reach of a business without having to invest in the full operations behind the technology. In some instances, a case of infringement has resulted in a profitable licensing agreement. Nonetheless, problems may still arise after parties have agreed to a licensing agreement. In these situations, mediation can serve as an effective way to resolve the problem.

Licensing agreements are contracts between the company that wants to use the product or technology and the business that created it. Licensing agreements benefit both parties, so the parties usually have a vested interest in keeping the agreement in place. They may not want to lose a lucrative agreement that is providing them with an extra revenue stream. Mediation can help the parties work out a resolution that works for both of them.

One of the common problems associated with licensing agreements is that the terms may not be defined in a clear, unambiguous manner. The parties may disagree about the interpretation of what is being licensed and how it can be used. The owner of the intellectual property must take great efforts to define the permitted use and exploitation of the property. If a problem arises, mediation may help the parties understand their point of confusion. They may agree to modify the contract terms to avoid confusion in the future.

Another possible issue that can arise within a licensing agreement is compensation. The parties may encounter a problem in which the party licensing the property does not believe that he or she is receiving the proper amount of compensation. The parties may agree to implement oversight provisions to provide transparency regarding the use of the intellectual property and compensation.

Key Advantages of Mediating a Libel or Defamation Claim

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Libel or defamation cases arise when someone makes a negative, false statement about another person or business verbally or in writing. Mediation has been highly successful in the libel and defamation context for several reasons, including the following:

Limited Publicity

One of the most damaging aspects of a libel or defamation case is negative publicity. If the plaintiff wants to pursue the case, there is additional attention on what the negative statement is. Mediation is confidential, so there are no any unauthorized parties who will hear additional information. In litigation, there may be more exposure to the case, which can negatively impact the parties.

Opportunity to Correct Action

In litigation, the possible relief is usually very limited. A judge or jury may be empowered to award financial damages but may be unable to offer any other form of relief. In mediation, the parties may agree to a retraction, a positive review or some other action that improves the image of the plaintiff.

Cost Savings

Litigation is expensive. There may be a flurry of motions to try to dispose of the case or to reach an early resolution of it. However, these motions often involve substantial attorney time and may exponentially increase the cost of litigation. Mediation is much more affordable. The parties can save on attorneys’ fees if they are able to reach an agreement in mediation. They can also split the costs of the mediator.

Time Efficiency

Libel and defamation cases often take more than a year from the filing date to be heard. During this time, the aggrieved party may continue to suffer from the harm to his or her reputation. This may cause him or her to lose business from others or miss out on important opportunities.