Tag Archives: Mediation

Resolving Student Loan Disputes through Mediation

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diploma and cashMany recipients of student loans face daunting debt and may experience difficulty paying on their student loans. To handle disputes between borrowers and lenders, many student loan programs have implemented ombudsmen programs. These ombudsmen help to mediate disputes between the parties and potentially negotiate a solution. The mediator does not have the authority to change a payment plan or enforce a resolution on the parties. Instead, he or she tries to get the parties to reach an agreement on their own terms.

Role of Mediator or Ombudsman

The mediator or ombudsman is a neutral third party that serves as a middleman between the borrower and lender. He or she does not work directly for either party. He or she is not an advocate for either party. Instead, he or she uses special conflict resolution skills to help the parties improve their communication. He or she can explain the law to the parties and point out weaknesses in each side’s case. This information can help motivate the parties to resolve their differences.

Benefits of Using Student Loan Mediation

Mediation may be able to bring about positive results in the dispute and potentially avoid default. They may be able to correct mistakes and broker compromises between the parties. The mediator may be able to make recommendations that provide relief for the borrower. He or she may recommend a compromise that serves the interests of both parties, such as suggesting consolidation or repayment plans, filing for loan cancellation or correcting a mistake with a borrower’s credit.

Tips for a Successful Resolution

Before getting started with student loan mediation, it is important to have clear and realistic expectations. It is best if you can clearly identify the problem so that the mediator can spend time trying to find solutions to the problem you assert rather than spending the time to see where things went wrong.

Arbitration and Mediation of Bad Faith Insurance Claims

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A bad faith insurance claim may arise if an insurance company is accused of wrongful conduct, that is unreasonable or malicious, fraudulent or oppressive. These claims may arise when an insurance company refuses to pay benefits for a valid claim. If there is malicious conduct, this may expose the insurance company to having to pay punitive damages if the claim against it is proved.

The parties involved in a dispute of this nature may decide to try to resolve it through mediation or arbitration. In mediation, the mediator does not have authority to impose a decision on the parties. The mediator’s role is to help the parties reach an agreement together. In arbitration, the arbitrator conducts a hearing similar to a litigated case. He or she renders a legally-binding decision.

Arbitration proceeds much like a typical court case. Each side can call witnesses, present evidence and make arguments through their attorney. Mediation is more informal in nature and often levels the playing field between parties who may be on different power levels.

Both forms of alternative dispute resolution have advantages over traditional litigation. Mediation and arbitration are both confidential processes. Either one can help avoid the bad publicity potential that arises with litigation. This may be an important consideration in a bad faith case. Both processes are usually able to wrap up the case in far less time than litigation would entail. In litigation, it may take substantial time to convince an insurance company of the merits of the case. It must often be convinced that the denial of the claim was wrong. Mediation or arbitration may get the insurance company to accept this in a way that litigation might not. In some situations, the insurance company may agree to pay on the original claim to avoid the furtherance of a bad faith claim.

What Happens at Foreclosure Mediation?

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Assisting them with professional helpMore banks, lenders, borrowers and others are turning to the process of mediation in foreclosure cases.  These cases often involve significant assets, likely the most expensive asset one of the parties owned.  The stakes are often high and both parties may be incentivized to avoid the lengthy and expensive foreclosure process.

Every mediation is unique because different parties and interests are involved.  However, they may follow a similar process.  Many mediation sessions begin with a join session in which all of the parties, their attorneys and other interested persons are present.  The mediator begins by explaining the rules of mediation and the process.  Each side of the issue has their turn to discuss their position.  The parties may speak directly to each other at this process.

From there, mediation may proceed in a joint session or the parties may break into private caucuses.  During these private caucuses, the parties share information with the mediator who then funnels information back and forth between the parties.  The mediator may provide additional information about the process of foreclosure and the disadvantages of not reaching an early intervention in the case.  He or she also communicates offers and counteroffers between the parties.

During the private caucuses, the mediator also tries to identify the interests of the parties so that he or she can propose possible solutions that will satisfy both sets of interests.  For example, the borrower may accept that he or she can no longer afford the property but may want to delay a moving date.  The lender may want to avoid having to go to court.  The mediator can propose solutions to the parties as well as ask them to generate ideas during a joint brainstorming session.

If the parties reach an agreement, they usually enter into a separate binding agreement.

What to Expect from Boating Accident Mediation

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boatMediation is becoming increasingly popular in personal injury claims, including boating accidents.  This process helps parties work together to resolve their legal dispute.  A specially-trained mediator helps them communicate better and achieve a settlement with which they both can agree.  Some things to expect from boating accident mediation are discussed below:

Length

Personal injury mediation usually lasts a half-day or full day.  However, if the case is more complicated, it may last longer.  For example, it may last longer if there are multiple parties involved.  Additionally, some parties may be reluctant to settle the case at the first mediation appointment but may return later to this forum and resolve their case.

Confidentiality

Anything that either party says during mediation is kept confidential, as long as the parties agree to this upfront.  If a party admits fault or anything else against his or her interests, these statements cannot be used against a party later in a lawsuit.  This characteristic of mediation usually motivates parties to discuss the case more candidly.

Choosing a Mediator

The parties are free to choose a mediator of their liking.  If the parties are both represented by legal counsel, their lawyers may agree on a mediator.  They may choose a mediator they have used in the past.  They will look for someone with subject matter expertise and who is skilled at mediation.

Involvement of the Parties

Mediation is different from other areas of the law because the parties are intricately entwined in the process.  They each will have an opportunity to state their position in the case and communicate about why they think a particular settlement is appropriate.  The victim can discuss the impact of the injury on his or her life and the insurance adjuster or defendant can discuss mitigating factors.

Three Keys to Successful Employment Mediation

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Depositphotos_5023099_s-2015Mediation is an effective way of handling disputes that arise in the workplace. Mediation is much more likely to yield effective results when the following characteristics are embraced:

Flexibility

While it is important to consider the strength of your case and what you would be happy settling the case for, flexibility is a key to success in mediation. You need to be willing to rethink your previous beliefs about your position as you receive more information in your case. Consider how a jury might evaluate the evidence that you have been presented with during mediation. A mediator can provide an objective framework in which you can reevaluate your case.

Creativity

One of the most important characteristics of a good mediation is creativity. The parties are not stuck with the typical win-lose scenario that litigation often entails. Many employment disputes are resolved without consideration of financial awards. For example, the parties may agree to a creative solution like making the employee in a discrimination case against an employer a leader of a new workplace committee. The parties may agree that a different assignment may be better for both of them. They may look for new opportunities to reach agreement.

Patience

Mediation can be a tiring experience, so it is important that both parties have patience so that they can reap the meaningful benefits that this provides. It may take time for one side to shift from their position or to make a meaningful jump in relation to a monetary settlement. However, if the parties can reach an agreement in mediation, they may save themselves months or even years that would be wasted in litigation. It is often well worth the wait for the parties to wait patiently during the mediation process so that the matter can ultimately be resolved.

What You Need to Know About ADR of Age Discrimination Claims

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Employers are prohibited from discriminating against certain employees and applicants who are of a certain age. Individuals who believe that they are victims of age discrimination may decide to pursue litigation based on age discrimination, or they may choose ADR instead. Read on to learn about what you need to know about age discrimination claims.

What Is Age Discrimination?

The Age Discrimination in Employment Act is a federal law that prohibits discriminating against employees or applicants who are age 40 or older. Some state laws prohibit discrimination on the basis of any age while others prohibit discrimination for slightly younger populations. Discrimination can be firing or refusing to hire an employee or applicant because of his or her age. However, it can also be specifically recruiting younger people, changing evaluations so that they show negative reviews as the employee gets older or taking adverse action against an employee due to age reasons, such as demoting him or her, passing the employee over for promotion or laying off older workers instead of younger ones.

What Is Alternative Dispute Resolution?

Alternative dispute resolution encompasses alternatives to traditional litigation. While there are other forms of ADR, mediation and arbitration are the most common forms of ADR. Mediation involves using a third party neutral who helps the parties better communicate and possibly reach a settlement of a claim. Arbitration is a process in which parties select a decision maker from a list of arbitrators to decide the outcome of their dispute. They put on evidence and testimony like a trial, but the rules of evidence and procedure are usually relaxed. The parties decide before participating in the process whether the arbitrator’s decision will be binding or non-binding. ADR can often save the parties money, decrease the emotional damage and reduce conflict in the workplace.

Anatomy of a Bad Faith Insurance Mediation

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Senior Couple Insurance Appication FormA bad faith insurance claim arises when an insurance company is accused of violating its contractual responsibilities with its insured. In some situations, involving a bad faith insurance claim, there may be two separate claims, one that is against the insured, such as an automotive accident claim, and the second for the bad faith assertions. These types of claims may be resolved through the process of mediation.

Types of Bad Faith Claims

A bad faith insurance claim may arise out of a variety of situations. A bad faith claim may arise if the insurance company denies or causes unnecessary delay in approving a claim. For example, it may refuse to pay under an uninsured motorist claim, homeowner’s insurance claim or other first party claim that requires direct payment to the insured.

A bad faith insurance claim may also arise in third party claims when the insurance company does not properly handle the claim. For example, it may refuse to settle a valid claim against the insured within the required time limit. It can also face this type of claim for failing to defend against a claim when it is required to provide legal counsel for the case.

Parties Involved in Mediation

There may be various parties involved in mediation. While insurance adjusters may typically be part of a routine insurance claim, they may not be involved in bad faith insurance claims. Instead, a claims representative may represent the interests of the insurance company that is exposed to potential liability. The insured is also usually present at mediation. Both parties may also have their own legal counsel.

Timing of Mediation

Mediation of a bad faith insurance claim may be commenced immediately after the act that is alleged as being the bad faith act. It may be commenced before or after litigation ensues. Mediation is a voluntary process that the parties can participate in at any time that they both agree to it.