Tag Archives: Mediation

When to Use Mediation for Energy Disputes and Why It’s So Vital

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transmission power line on sunsetMediation in energy disputes is an alternative to litigation. It can be used in a variety of cases, including in cases in which damages need to be assessed due to service interruptions, grid issues, explosions or environmental violations. Mediation may be used when only private parties are involved, a regulatory agency is a named party or when companies are in dispute. This method can successfully resolve issues related to supply contracts, royalty interests, international manufacturers, joint venture agreements, defective products and more.

This method is a preferred way to resolve many energy-related problems because it allows parties to craft creative solutions to resolve their legal issue. These solutions are often much more creative and personalized than litigation affords. Parties often modify agreements, adjust leases, agree to be partners in future transactions or trade certain coverage areas as a way to resolve their dispute while protecting their monetary investment. These solutions often provide for the interests of the parties far better than any money damages in a contentious court case may.

Another important aspect of mediation in this industry is that disputes often involve people with high levels of understanding of technical information. In a court case, much time may have to be devoted to educating the judge or jury. However, in mediation, the parties can select a mediator who has a knowledge of the industry so that the parties can get into the heart of the matter as quickly as possible.

Mediation also keeps the power and control of the outcome of the case in the hands of the parties. If the law is unsettled or an adverse ruling may impact either party in a substantial way in other business dealings, the parties may prefer to reach an out-of-court settlement that is not binding on their other interests. The process is also private, so the parties do not have to disclose information that can be publicly followed.

Critical Advantages of Mediation of Antitrust Cases

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Reflective skyscrapers, business office buildings.Antitrust cases can arise between competitors, especially when one of them believes the other is violating laws on the subject. These disputes may involve years of litigation and sizable attorneys’ fees to resolve these complex cases. Mediation may be able to resolve these disputes in a more amicable fashion while offering the following advantages:

Lower Costs

Mediation tends to be much less expensive than litigation. Litigating these cases may involve extensive payment of attorneys’ fees. While parties may still be represented by legal counsel at mediation, mediation tends to resolve problems more quickly so that there are fewer fees to pay. The parties may mediate prior to discovery, which is often a lengthy process for parties to get information from the other party, so this can save a sizable amount of money in attorney’s fees. Additionally, the parties can split the costs of mediation between them.

Informed Risk Management

In mediation, the parties have the ability to negotiate their own settlement. In trial, the results may be unpredictable. In mediation, the mediator can provide an objective evaluation of the strengths and weaknesses which he or she communicates to each party individually. This gives the parties a more realistic version of their side of the case. This can provide invaluable information to the parties so that they will be more likely to resolve their case out of court.

More Favorable Environment to Preserve Relationships

Mediation allows the parties to communicate well together. Even as competitors, the parties may be able to retain professional relationships with each other with the help of a mediator.

Possibility for Creative Solutions

The parties are open to make decisions about how they wish to resolve the case. This may allow them to work on projects together or approach a problem in a new way. In litigation, the only remedy may be money damages, but creative solutions may provide better results for the parties.

Resolving Neighbor Disputes through Mediation

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BLD042297When a legal dispute arises with a neighbor, some people will rush into the process of litigation to defend their rights. However, this nuclear option may not be the strategy best suited for this situation. Litigation can often be time-consuming and expensive. Additionally, it can result in destroyed relationships. These characteristics make it an unappealing option for individuals who live near each other and see each other every day.

A more amicable option to resolve neighbor disputes is through mediation. This process involves the help of a third party neutral who tries to get the parties to resolve their dispute on their own terms. Mediators are specially trained in conflict resolution, and they put these skills to use to help bridge communication gaps between parties and to encourage collaboration. Mediators ask neighbors to be an important component of the resolution.

In litigation, the usual remedy is money damages. However, neighbors may have disputes about situations in which money damages may not be the most appropriate form of relief. For example, neighbors may have disagreements about boundary lines, water use, shared utilities, shared walls, noise, disturbances or other issues of a similar nature. Mediation can help solve these conflicts. Furthermore, it can do so in a way that allows the neighbors’ relationship to remain intact.

Mediation allows disputing parties to discuss their disagreements in a structured way. The mediator encourages dialogue between the parties. He or she talks to the parties and determines their interests, which may include something about the actual matter in dispute, as well as other goals, such as preserving a good relationship or avoiding the expense and frustration of a trial. The mediator may ask the parties to brainstorm possible solutions in an attempt to settle the dispute. Often, these ideas form the basis for a resolution of the matter.

 

Unique Outcomes in Toxic Tort Mediation

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Personal Injury LawToxic tort cases are often highly complex and may involve multiple parties and jurisdiction.  These characteristics require the application of multiple approaches, often involving a combination of joint sessions and private caucuses to secure a favorable outcome.  If the parties are able to compromise and consider each other’s positions, they may be able to craft unique outcomes, such as:

Development of Cleanup Plans

Environmental consultants may help the parties determine the scope and manner of the cleanup so that the parties can have a hand-tailored resolution for their toxic tort case.  A mediator can help the parties allocate responsibilities between them so that all responsible parties are part of the resolution.  The parties may separately determine how responsible each party is for the spill or pollution and then go back and forth between the parties to adjust these figures.

Purchase of Property

In some instances, the responsible party may agree to re-purchase contaminated property from the plaintiff.  This unique approach allows the parties to rewind time so that they can go back to the positions that they had before any transaction occurred between them.  This may allow the defendant to correct the environmental issue.  This allows the seller to invest funds in resolving the environmental issue while also allowing the buyer to recuperate his or her investment.

Modified Agreement

The parties may ultimately agree to modify a contract that they had or to alter a regulation.  A regulatory agency and a party involved in a dispute may agree to a joint study to determine if the current regulation is based on sound scientific principles and to give them an opportunity to adjust.  This approach may allow the parties to maintain a relationship with each other, to keep a contract in place and to conclude their business together without fear of litigation.

How to Prepare for Workplace Mediation

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Many interpersonal issues in the workplace can be effectively resolved through the use of mediation. This process can help resolve problems involving harassment in the workplace, discrimination, retaliation, hard feelings over a lost promotion, problems between coworkers and problems with a supervisor, among others. Mediation is an important process and alternative to litigation, so it is important that the parties properly prepare for it.

A case can be mediated at any point in the process. Early mediation can be effective in the workplace setting so that the parties can maintain the employment relationship. Additionally, if there is clear liability, the case can be resolved quickly to avoid publicity or embarrassment associated with an ugly lawsuit.

One of the first forms of preparation that must be completed is a mediation brief. This is a document prepared by each party’s legal representatives that describes the facts involved in the case and forwards legal arguments. The briefs should be well researched and contain recent court decisions that held in favor of their represented side. The attorneys send these briefs to the mediator before mediation begins. The attorneys generally provide the other side with a copy of the brief.

The parties can help to actively prepare for mediation. They can provide copies of communication, contracts or other written evidence that establishes their version of events and legal arguments. They may have pictures, video or other forms of evidence that can be persuasive. It is important that attorneys have all relevant evidence before they mediate so that they can negotiate from a position of strength. Mediation may be the last day of the legal dispute, so it is important that the parties and attorneys are properly prepared.

Importance of Private Caucuses in Sexual Harassment Mediation

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Business man harassing colleague in officeMediation is a widely accepted version of alternative dispute resolution. This process is particularly suitable to cases involving sexual harassment because of the confidentiality and care that is used. The parties talk with an experienced mediator who is skilled in conflict resolution and work toward resolving the case.

One of the tools that a mediator uses is private caucuses. The parties break into separate rooms while the mediator goes from room to room to have a private conversation with one side of the dispute. This tool can have a significant impact on the potential success of mediation. During private caucuses, the parties can discuss their side of the case. The aggrieved party may share difficult experiences that he or she has gone through. He or she may highlight the acceptance of such conduct in the workplace. Simply explaining these private matters can often be a cathartic experience for the victim. The mediator keeps confidential anything that the party said should remain confidential. However, the mediator may ask if it is acceptable to share certain information with the other side and will do so if granted this permission. This is often helpful because it allows the party to have more accurate information to properly assess the case and reach a settlement.

During the private caucuses, the mediator may also point out the weaknesses of the party’s case so he or she does not have an inflated opinion about the strength of his or her case. The mediator can also emphasize the value of settling a case and the drawbacks of continuing litigation, such as negative publicity about the company or the public dissemination of details of the case.

Anatomy of Sexual Harassment Mediation

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Sexual HarassmentMany courts throughout the country favor mediation and other forms of alternative dispute resolution because they help to unclog the courts. Sexual harassment mediation involves several components including the following:

The Setting

Mediation may take place in the office of the mediator, a conference room at the workplace or another neutral location. Mediation may take several hours or may last over several days, depending on the complexity of the problem and the preferences of the parties.

Selection of a Mediator

The parties can select a mediator of their choosing. Many mediators are attorneys or retired judges. However, others are business people, social workers, teachers or counselors. The mediator’s expense is usually split between the parties, but sometimes the employer or an insurance company may agree to pay the entire fee. The parties may review a list of mediators in the area and the specialty areas on which the mediators focus, such as workplace issues or sexual harassment cases. The parties can review the biographies of the mediators. Additionally, they can review websites and client testimonials. Some mediators may offer references from previous clients.

Opening Session

The mediator discusses his or her role during an opening session as a third party neutral who will help the parties communicate about their interests and try to resolve the matter without further litigation. He or she explains what the parties can expect during the day. The mediator explains the confidential nature of mediation and that nothing said during this process can later be stated in court. The mediator may have the parties sign a confidentiality agreement.

Private Caucuses

The parties may break into private caucuses in which they separately speak to the mediator. The mediator can take information that the other party permitted to the other party in an attempt to communicate important information. The mediator can also point out the strengths and weaknesses of both sides so the parties have a better understanding of their positions.

Settlement Agreement

If mediation is successful, the mediator will prepare a settlement agreement that the parties sign.