Tag Archives: Mediation

Special Considerations in the Mediation of Cyber Security Cases

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Three Operations Engineers Solving Problem in a Monitoring Room.Cyber security cases can arise for a number of different reasons. These cases are often complex and involve special factors that must be considered by the parties and the mediator assigned to the claim. Some special considerations include the following:

Need for Confidentiality

When a cyber security matter is at issue, digital or confidential information may be involved. It is important that there are strict confidentiality provisions in the mediation agreement. These provisions can prevent the parties from later disclosing information discussed during mediation if the parties do not reach an agreement in mediation.

Mandatory Mediation Clauses

While arbitration clauses are relatively common, mediation clauses are rising in popularity. These clauses may be part of contracts between businesses or vendors and clients. These contracts may state that mediation is required before a case can proceed in court. It may also indicate the mediation agency that will be used or how a mediator will be selected.

Subject Matter Expertise

Data breaches and other cyber security matters are relatively new, so parties may want to use a mediator who has subject matter expertise in this realm. Mediators with backgrounds in cyber security, privacy, technology and litigation may be preferred over others with a general business background.

Lack of Legal Precedent

Many cyber security matters and related legal issues are novel. Taking the case to court may result in establishing a negative precedent that can negatively impact the business in future cases. Rather than risking this possibility, the parties may agree to be bound by the terms of mediation to keep the court from being able to make a decision that impacts them for years to come.

 

Resolving a Nursing Home Dispute through Mediation

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Families who have a loved one in a nursing home may wind up in a dispute with a nursing home over billing issues, care provided, services, financial matters or concerns regarding abuse or neglect. Mediation is a cost-effective alternative to filing a lawsuit against a nursing home and can provide several advantages to parties.

Mediation is often voluntarily entered into by the parties, but in some cases, a court may order it, or it may be required by the nursing home contract. The parties select an objective mediator. They can choose someone with subject matter expertise, such as someone who has contract or medical malpractice experience. Because mediation is confidential, the parties can feel free to be honest and forthright with each other because what they say cannot later be used against them in a trial if they do not reach a settlement in mediation.

Mediation is effective in the nursing home setting because it allows the plaintiff to express their concerns and feel heard during the process. Litigation makes the parties adversaries and cuts off communication. With the help of a mediator, the plaintiff can communicate their concerns. The parties brainstorm and work together to reach solutions to the problem. The mediator helps filter this communication between the parties and uses special conflict-resolution skills to enhance the communication between the parties. The mediator can also provide information to the parties that can help them be better informed about their case. For example, the mediator can point out weaknesses in the parties’ case that they had not considered or how a local judge has recently ruled on a relevant issue.

The mediator works as a facilitator between the parties. If the parties are able to reach a decision, the mediator draws up a contract between them that lay out the terms of the agreement.

Top Reasons to Participate in Long Term Disability Care Mediation

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Wheelchair walkIf you have a long term disability care dispute, mediation provides a number of key benefits that you may wish to consider before deciding to litigate your case. Here are some of the key reasons to consider resolving this matter through mediation.

You May Be Able to Pick the Mediator

The mediator is a neutral communication facilitator who can help you and the other party resolves your dispute in a collaborative manner. You and the other party can agree on a mediator, often someone with special knowledge and experience in long-term disability care matters or insurance disputes. This is a distinct advantage over litigation in which you are assigned a random judge.

You Can Get a Faster Resolution

When dealing with long-term disability care matters, time is of the essence. You may have been denied important medical services or the income that you need to replace your typical wages. If the case is litigated, it will likely take many months or even years to resolve the issue. In mediation, the parties and the mediator can decide on a date or series of dates for mediation that is only dependent on their respective schedules. This allows them to meet sooner and resolve the case faster.

You Participate in the Decision-Making Process

Parties have little involvement in litigation. They may testify, but the rest of the case is largely dependent on the actions of their lawyers and the judge’s decisions regarding the admissibility of the evidence. This can make them feel detached from the process. However, decisions regarding their care and insurance eligibility are important to parties. Mediation allows parties to participate in the decision-making process. They can express their concerns, brainstorm resolutions and accept or reject settlement offers.

Benefits of Negotiating Child Support Modification in Mediation

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Child Support paymentChild support can often be modified after an original order is entered when circumstances change. State law may specify that this must be a material change, which may include an effect on income or expenses over a certain percentage amount. A change in your child’s needs may also justify modification of child support. Rather than heading back to court, the parties can use the mediation process to address their needs and legal dispute.

Mediation is a process in which a neutral third party attempts to help the parties reach an agreeable solution to their legal problem without further court involvement. The parties work together to come up with a solution that they can both accept. In mediation, the parties can discuss their child’s needs and explain why the existing amount of child support is not appropriate. Mediation can put the parents’ needs into perspective.

Also, In mediation, the parties can come up with a solution that takes more into consideration than the standard child support tables. Afterall, these tables represent an average family and not the specific needs of you and your children. For example, the parents may value higher education and may agree support should include payment of certain post-secondary expenses. Or, the parents may temporarily defer child support payments if the paying parent suffered a reduction in hours at work or a temporary job loss.

Mediation is also helpful because it decreases legal expenses. The less time parents spend fighting with each other, the less their legal expenses will be. The costs of mediation can be split between the parties. The parents may then present a joint petition to the court to modify the amount of support.

Top Five Reasons to Consider Child Custody Mediation

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Father and sonChild custody mediation is an effective alternative that can help you and the other parent work out an agreement regarding your child. Some of the main reasons to consider child custody mediation include:

Mediation Is Non-Adversarial

If you are unable to reach an agreement with the other parent, you may consider taking legal action. However, this involves a contested litigation process that pits you and the other parent against each other. This process often creates conflict and bad feelings for years to come. In contrast, mediation is a collaborative process. Both parents focus on working together to do what is in their child’s best interests. You and the other parent can establish a fair parenting plan that allows you both to play active roles in your child’s life.

Mediation Focuses on the Future

Litigation tends to focus on mistakes the parents made in the past while mediation focuses on what will be best for your child going forward. Even if there is an existing custody arrangement in place, mediation can help the parties come up with new plans that will work better for them and their children in the future.

Mediation Minimizes Conflict

Experienced mediators use conflict resolution skills to uncover the interests of both parties. They also help exes develop new skills to have better communication. These improved communication skills help reduce conflict over time.

Mediation Reduces Costs

Reaching a resolution through mediation is often far less expensive than litigation. In litigation, you each have to pay for your attorney’s fees. You may also incur filing fees and other expenses. In mediation, you can pay just for the mediator and split the costs between the parties.

Mediation Provides a Win-Win Solution

In litigation, someone must lose, and someone wins. In mediation, it is possible for both parties to win, as well as their children.

Using Mediation to Resolve Cable TV Issues

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Engineer Giving Advice On Installing Digital TV EquipmentAs more industries realize the benefits of mediation, this litigation alternative is becoming increasingly popular and utilized in more sectors, including in cable TV disputes. This method employs a third-party neutral to help the parties identify their interests and negotiate an amicable agreement so that costly litigation can be avoided.

Mediation can be used to resolve a variety of disputes. It can be used to resolve employment disputes or problems with unions, such as disparate pay, discrimination, unfair wage issues and more. It can also be used to resolve problems between partners and multiple service providers. These issues may involve the loss of access to local content or other services or to retrains agreements. Mediation can be used to resolve customer disputes regarding their bills or the content that is not available to them. It is also sometimes used between competitors who claim unfair competition.

During mediation, the parties begin with opening statements that lay out their positions and why they believe the conflict exists. The mediator may then separate the parties into different rooms and shuttle back and forth between the parties to gather additional information. The mediator also solicits offers and counter-offers between the parties to try to get them to resolve the case in an amicable fashion.

The mediator may share information during these individual sessions with the parties that give them a more realistic perspective about their case. He or she can discuss how previous litigated cases were ultimately resolved and the weaknesses that may exist in their particular case. He or she can also cite the benefits of reaching a settlement, such as ending a strike or improving customer satisfaction.

If the parties reach an agreement, it is put in writing and signed by the parties. This is treated as a stand-alone contract between the parties that can be enforced.

Can You Mediate Bad Faith Insurance Claims?

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Depositphotos_210648634_s-2015Nearly any type of civil dispute can be mediated, including bad faith insurance claims. While it may seem counterintuitive to believe that an insurance company accused of acting in bad faith will negotiate in mediation in good faith, mediation of these cases often brings about an amicable solution of this claim, as well as the underlying insurance claim.

In a bad faith insurance claim, the plaintiff argues that the insurer wrongfully denied a claim or did not provide benefits in bad faith. He or she may allege wrongful conduct, unreasonable conduct without proper cause or malicious, oppressive or fraudulent conduct. The worse the insurer’s behavior, the greater liability may potentially exist and the more expansive damages that may be sought.

Parties may consider when they wish to mediate the case. In some jurisdictions, mediation may be required at certain intervals. Otherwise, the party may decide to mediate the case early on or closer to trial. Early mediation has the potential to reduce legal fees if an agreement can be reached. However, an insured who wants to seek punitive damages may not be willing to accept a lower offer at this point. Additionally, an insurance company may want to flesh out whether a claim has support before negotiating a settlement and may prefer to wait until after discovery is conducted to mediate the case. The insurer may try to get certain claims dismissed against it as part of a summary judgment motion.
At the mediation, the insurance company may send a different representative than the person who initially handled the claim due to the allegations against this party. The plaintiff will also be present. Both parties may be represented by their attorneys.

During mediation, the mediator will try to improve communication between the parties and give them an opportunity to amicably resolve their case.