Tag Archives: Mediation

Cannabis Legal Issues that May be Resolved through ADR

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Medical Marijuana Buds on Black BackgroundWith more states legally permitting marijuana for medical and recreational purposes, the legal arena is ripe with newly considered issues.  These legal matters may be based on outdated policies, the intersection between federal and state law and other novel concepts.  Mediation can allow parties to reach their own agreement and not have to rely on a court with rules that may lag behind reality or may be unpredictable when considering new legal topics.

Licensing of Dispensaries

Entrepreneurs, dispensaries and local governments may be in conflict regarding whether a dispensary can be incorporated into an existing zone.  The parties may come to an agreement regarding what type of requirements the dispensary must meet as well as what types of goods can be produced or sold to the public.

Marijuana Screening

Parties may disagree about whether to consider medical marijuana when completing drug screening.  This topic may arise in the probation, child dependency/neglect, employment or other areas.  Some groups may be convinced to terminate zero-tolerance policies that do not penalize individuals who use medical marijuana or recreational marijuana where legally permitted.  Complications may arise when employees use cannabis off the job site but test positive during a screening on the job.

ADA Considerations

Disabled employees have the right to a reasonable accommodation to help them complete their jobs so long as the accommodation does not cause an undue hardship on the employer.  Employers and employees may work together to determine what cannabis-related accommodations may be made.

Housing Matters

Parties may be in conflict regarding leases and rental properties concerning marijuana usage.  These leases may include language that prohibits any type of smoking, whether that is tobacco, marijuana or vaping.  Parties may be able to discuss making exceptions to these policies, especially if usage is for a medical purpose.

Mediation Process Involved in Agricultural Disputes

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Depositphotos_162344672_s-2015Mediation is becoming an increasingly common way to resolve a variety of legal disputes. More and more parties embroiled are turning away from the bitter, contentious and expensive litigation process and turning to the collaborative process of mediation. Participants in this process should have a strong understanding of this process before commencing with it.

Goals of Mediation

The mediation process is goal-oriented. It focuses on accomplishing the goals of the parties as defined by them. In agricultural disputes, this may include resolving boundary disputes, working out problems with vendors, securing new contracts, properly appraising equipment for lending purposes or moving forward with an existing relationship. Often, the parties do not understand what their real goals and motivation are. A skilled mediator can help uncover the hidden interests of the parties through using strong communication skills and active listing.

Benefits of Mediation

Agricultural mediation can help clarify relationships between the parties and assign specific responsibilities between the parties. It can also help them see disputes from a new perspective so that they can amicably resolve the matter without the intervention of the court. Because the parties are in control of whatever decisions they make, they are usually much more satisfied with the outcome than if they proceed to litigation or settle through their respective attorneys.

Confidentiality

Mediation is a confidential process. It is used to give the parties the opportunity to settle their claim. Anything discussed in mediation cannot later be repeated in court if the parties decide not to settle. The mediator cannot be called to testify about the content of what was discussed in court.

Addressing Sexual Harassment Complaints Through Mediation

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Molestation at workplaceSexual harassment is against the law. If an employer does not respond properly to such complaints, it may be subject to stiff penalties. Sexual harassment may result in corrective action against the accused, such as counseling, discipline and termination. Employers may wind up on the receiving end of a lawsuit. Unchecked sexual harassment can leave a victim in a vulnerable position or may lead him or her to quit the job. To avoid these possible consequences, employers and employees often participate in mediation.

Benefits of Mediation

When parties can mediate their dispute, there are often a number of positive consequences. The victim may feel that justice has been served and that his or her honor is intact. Mediation may avoid more significant consequences, such as employee termination or a public lawsuit. The working relationship is often preserved so that the parties can continue working together. The employer may also be able to resolve the dispute for much less expense than if litigation ensued.

Early Intervention

Mediating sexual harassment complaints often provides for early intervention. This process alerts an employer to a potential problem so that it can be addressed at an early stage. The victim may be able to accept an acknowledgment from the accused that he or she acted in an inappropriate manner and will not do so again.

Resolution Plans

The parties may agree to a resolution plan that may identify specific steps the parties will take to fully resolve the problem. For example, the parties may agree that company-wide training would help educate employees and managers. They may agree that the business can modify the role of human resources so that it is more integrated into the daily lives of employees. The parties may work toward long-term resolutions together, such as creating committees designed to identify and prevent sexual harassment. When parties agree to mediation, they can often reach a resolution that is multi-faceted and protects mutual interests.

Top Questions about Franchise Mediation Answered

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Mediation is an effective form of alternative dispute resolution that allows parties in dispute to work together as partners. This process may be used in the context of franchise disagreements. Some of the questions that parties who are interested in this process may have include:

What Is Mediation?

Mediation is an informal process designed to help parties to a legal dispute resolve a problem without court intervention. The process uses the services of a neutral problem-solver who is trained in conflict resolution, the mediator. He or she helps guide the parties toward effective communication. While a mediator may make suggestions, he or she has no power to impose any orders on the parties. The parties are free to reach any agreement that they wish to make.

What Types of Disputes Can Franchise Mediation Resolve?

Franchise mediation can resolve nearly any legal dispute that arises within the context of a franchise relationship disagreement. As long as the parties are willing to submit their dispute to mediation, the mediator can help them tackle these issues. Some examples of common issues resolved through mediation include:

  • Impact of franchise
  • Encroachment issues
  • Concerns regarding lack of training or opportunity
  • Customer service concerns
  • Alleged under-reporting or other allegations of financial misconduct
  • Franchisee development rights
  • Renewal of franchise agreements
  • Modification of franchise agreements
  • Termination of franchise agreements

What Can I Get Out of Mediation?

Parties involved in mediation may underestimate the value of this process until they successfully resolve their dispute. Mediation provides ample benefits to parties. They learn to work together as a team and remain in control of decisions about their business and livelihood. They get to avoid expensive litigation that will likely sour any relationship. They also have the opportunity to craft customized solutions to their problems.

Considerations Regarding the Mediation of Sexual Harassment Claims

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During this polarizing time, one of the most high-profile situations that draws media attention to a business is a sexual harassment claim.  While some such claims are based upon an insidious culture against a particular sex, many are often the result of a misunderstanding or bad response to an initial complaint.  Employers may wish to consider the use of mediation as an effective way of resolving such disputes and may draft a model mediation program to accomplish these goals.  Some considerations may include:

Objectivity

When litigation ensues, there is often a perceived image of the “bad guy.” However, mediation allows a third party who has no connection to the case to help the parties work through the dispute.  Key members of the staff may be present and may be able to be objective rather than immediately assuming the accused is horrible. 

Confidentiality

The mediator should discuss the confidential nature of these proceedings.  Victims may prefer the confidential aspect of this process so that they will not be traumatized by having to testify in court or go through a formal grievance process.  Anything that is discussed in mediation cannot later be used against one of the parties.

Ability to Contemplate

Mediation focuses on the parties working together to achieve mutual interests.  This often gives the parties a chance to really think about their behavior and how others may have perceived it or been affected by it.  This time to reflect may help establish the roots for ideas to resolve the dispute as well as avoid similar problems in the future.  For example, the parties may agree to create a new policy, form a coalition or provide more education in the workplace to help head off similar problems in the future.

Distinct Advantages Involved in Eminent Domain Mediation

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HouseEminent domain occurs when the government or a business takes real property for the public good. Due to the seriousness of this process, many property owners may disagree with the approach or compensation provided by the party that is taking the property. Using mediation provides a number of distinct advantages over other options, including the following:

Subject Matter Expertise

Parties involved in mediation are able to select the person who will facilitate communication during the mediation process. This allows them to select someone who has experience in eminent domain and other real estate cases. In litigation, the parties may be assigned a random judge who may have never worked on a case involving eminent domain in the past.

Control Over the Outcome

In mediation, parties collaborate toward mutual goals. They also only reach an agreement in a voluntary fashion. In these ways, parties demonstrate significant control over the process. The parties are not constricted to the court-mandated procedure or possible outcomes. Instead, the parties can focus on the merits of the case and their own interests in the process. This often allows them to reach outcomes that are creative and customized to their needs.

Fairness

Many property owners feel that the eminent domain process is not fair to them. They may feel that they do not have options and must agree to the price evaluation. However, in mediation, the parties can level the playing field. They can agree to a form of evaluation that they believe will yield a fair result.

Affordability

Many parties agree to the mediation process because it is an affordable alternative to litigation. In litigation, the parties may spend significant amounts of money on hiring lawyers to represent their interests and to follow court-mandated procedures regarding the condemnation process. Other expenses that may cause litigation to be more expensive include expert witness fees, lost productivity for the purchasing party and negative publicity. Mediation avoids these pitfalls and offers an affordable option.

Issues Resolved through Special Education Mediation

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Five year old disabled boy studying in wheelchairParents who have children enrolled in school who have special needs may reach a point during their child’s academic career when conflict arises. Often, this conflict may arise due to a lack of understanding between school administrators and the child’s special needs. Some of the potential issues that may arise include:

IEP

A child with special needs has the right to an Individualized Education Plan. This plan should incorporate the child’s condition and learning needs. In some instances, the IEP process may seem repetitive with children with diverse needs having very similar IEPs. These IEPs may give students more time to take tests, may reduce the number of choices on multiple-choice questions, may provide preferential treatment, may provide for an interpreter, may provide a tutor or may offer additional assistance to students. Parents and school administrators may be able to come up with customized solutions in an IEP that meet the child’s needs and are tailored to provide success for him or her in the academic setting.

Discipline

When a child behaves in a certain way such as by having problems focusing on a task, talking incessantly, making noises during schoolwork or taking other action that may seem unruly, the child may be disciplined. However, many of these behaviors may revolve around the child’s special needs and should be dealt with in a different manner. Often, the mediation process provides for better communication and educating school administrators about the child’s condition and needs.

Accommodations

A child with special needs may require accommodations, such as a change to the structural environment or permission to miss days because of illness. Parents and school administrators can discuss appropriate accommodations during mediation.